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(영문) 인천지방법원 2014.01.15 2013노2485
관세법위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of 2,200,000 won.

Defendant

A The above fine shall be imposed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (a fine of KRW 4.5 million, additional collection) imposed by the lower court on the Defendants is too unreasonable.

2. In full view of the following circumstances: (a) the Defendants did not have any criminal power in Korea; (b) the frequency and scale of the instant crime; (c) the motive and background of the Defendants’ participation; (d) the degree of the Defendants’ participation; and (e) the age, character and conduct, and environment of the Defendants A and the sentencing conditions indicated in the instant pleadings and records, the lower court’s punishment is somewhat unreasonable, and thus, the Defendants’ assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 269(3)1 and 269(3)2 and 241(1) of the Customs Act (to export declarations on other goods, export declarations, export without declaration, and select fines);

(b) Defendant B stock company: Articles 279(1), 269(3)1 and 269(3)2, and 241(1) of the Customs Act (to export declaration of other goods, export declaration, export declaration, and fine without declaration)

1. Of concurrent crimes, the former part of Article 37 of the Criminal Act, Article 278 of the Customs Act, Article 278 (1) of the former Customs Act (Law No. 9709) (Article 38 (1) 2 of the Criminal Act does not apply, but the provision on the aggravation of fines for each of the following crimes shall not apply, and the amount of fines shall be determined separately for each of the following crimes:

1. Crimes of No. 1 in the list of crimes as indicated in the judgment of the court below: Each crime of No. 2,50,000 won in the list of crimes as indicated in the judgment of the court below: 30,000 won in total (=1,00,000 won x 3,000 won x 4).

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