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(영문) 인천지방법원 2018.11.29 2018노3157
관세법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (an imprisonment of one year, an additional collection of one year, 6,481, 360, 600) is too unreasonable.

2. It is recognized that the Defendant recognized the entirety of the instant crimes and reflects his mistake, and that there is no record of criminal punishment exceeding the suspension of the execution of the same criminal record and imprisonment.

However, the crime of this case is a case where the defendant was involved in the crime of gold tamping in a systematic and planned manner for a total of 136 months and was sealed or exported in a total of 6.4 billion won in the market price by concealing the gold tamping over 136 times during a period of more than 20 months, and its nature is poor in light of the method and frequency of the crime, and the scale of the crime. The crime of this case is not only to impede the balance and currency value of balance of payments and to avoid securing customs income, but also to prevent the crime that disturbs sound order in distribution, and thus requires a corresponding punishment. In light of the frequency of the crime of this case, it seems that the defendant obtained a certain amount of criminal proceeds (one time of transportation) as the crime of this case, and there is no special change in circumstances that can be newly considered after the sentence of the court below, and it does not seem that the defendant's age, sex, method and consequence of the crime of this case are too unfair after considering all the following circumstances.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

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