Whether the value of an offense may be additionally collected in cases where the offense goods have been acquired by the authorities and reverted to the National Treasury.

In the event that the illegal goods intended to be sealed are discovered by the authorities and disposed of to the National Treasury, collection of the equivalent amount of the value of the goods has been made by misapprehending the legal principles as to collection.

Article 198 of the Customs Act

Defendant 1 and one other

Defendants

Busan District Court (76 High Court Decision 299)

The judgment of the court below is reversed.

Defendant 1 shall be punished by imprisonment for ten months and by imprisonment for one year, respectively.

The detention days prior to the pronouncement of the judgment of the court below shall be 90 days each included in the above sentence.

Provided, That the execution of the above punishment against the defendant, etc. shall be suspended for two years from the date of the final judgment.

The gist of the grounds for appeal by the defendant et al. is that the defendant et al. purchased the same kind of goods (nives, etc.) as well as the fact-finding by the court below since there was no fact that the defendant et al. purchased the goods charged for this case, and the defendant et al. were arrested to the Japanese police at the time of this case and were involved in the smuggling of this case, and the sentencing of the court below is too inappropriate. In full view of all the evidence duly adopted by the court below and the statements by the defendant et al. and the witness et al., the defendant et al. purchased the goods (nives, etc.) as they were possessed by the defendant et al., but were arrested in the Japanese police due to other reasons, and could not return them to the ship. The court below erred in the misapprehension of the legal principles as to the punishment of the defendant et al. since the defendant et al. purchased the goods from the Korean government before they were raised by the transportation line in Busan, but the defendant et al. was found to have been liable for a new crime.

Therefore, each appeal by the defendant, etc. is justified.

The judgment of the court below shall be reversed and the judgment shall be ruled again in accordance with Articles 364 and 364 of the Criminal Procedure Act.

(Criminal Facts)

Defendant 1 is a first-class mate-1, and Defendant 2 is a seafarer boarding the ship at issue on October 28, 1975, and around 19:00, Defendant 1 did not send 30,000 U.S. 30 and 50,000 U.S. 1’s 40,000 U.S. 1’s 25,000 U.S. 30,000 and 40,000 U.S. 1’s 50,000 U.S. 1’s 50,000 U.S. 1’s 40,000,000 U.S. 1’s 40,000 U.S. 30,000 30,000 U.S. 27:30,000 U.S. 1’s 230,000 U.S. 1,07.

(Evidence Relationship)

The evidence of the above facts is the same as that of the judgment of the court below in addition to the appearance of each statement of the defendant, etc. and non-indicted 1 witness in the party process. Thus, this is cited.

(Application of Law)

In the case of violation of each Customs Act in the court below's decision, it falls under Articles 182 (2) and 180 (1) of the same Act, and Articles 182 (1) of the same Act, Articles 182 (2) and 180 (1) of the Customs Act, and Articles 182 (2) and 180 (1) of the same Act. Since one act constitutes several crimes, it is a case where each act constitutes several crimes, it shall be punished under Articles 40 and 50 of the Criminal Act, and since there are reasons for considering the nature of the crime and the nature of the crime under Article 50 of the Criminal Act, it shall be punished under Articles 53 and 55 (1) 3 of the Criminal Act, and since there are reasons for Defendant 1 to reduce the amount of punishment under Article 55 (1) 3 of the same Act, the sentence of imprisonment with prison labor for 10 months, and 1 year, and the sentence of imprisonment with prison labor for 2 years, it shall be included in the sentence of the above two years.

Judge Choi Jae-ho (Presiding Judge)