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(영문) 수원지방법원 2013.04.18 2012노5885
관세법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (two years of suspended execution in one year of imprisonment, and two years of suspended execution in six months of imprisonment) that the court below pronounced to the Defendants is too unreasonable.

As to the Defendant’s assertion of misunderstanding of legal principles among the grounds for appeal, Defendant A’s assertion on the second trial date of the trial, and Defendant B’s withdrawal on the first trial date of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the first instance). 2. In full view of the various circumstances, including the following: (a) the Defendants’ crime of this case makes it difficult to impose and collect customs duties; (b) there is a need to punish the Defendants as a crime that disturbs the customs clearance order for imported goods; and (c) the amount of the first brain ginseng to be sealed is considerable to 30 km; and (b) the Defendants’ assertion is not acceptable on the grounds that the sentence imposed by the lower court on the Defendants is too unreasonable.

3. According to the conclusion, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act (Provided, That pursuant to Article 25(1) of the Regulation on Criminal Procedure, Article 271(1) of the Customs Act, “the pertinent Article of the Act on Criminal Facts,” among the application of the judgment below, shall be corrected to “Article 271(2) of the Customs Act,” and it is so decided as per Disposition.

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