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(영문) 대법원 1967. 1. 24. 선고 66도1651 판결
[밀항단속법위반][집15(1)형,009]
Main Issues

The meaning of "mediation of smuggling" in Article 4 (2) of the Stows Control Act

Summary of Judgment

The crime of mediation of smuggling is established because it mediates the act of smuggling for the purpose of receiving remuneration, and it is not asked whether the person to whom it was arranged started the smuggling or whether it is just a preliminary one.

[Reference Provisions]

Article 4(2) of the Stowping Act

Defendant-Appellant

Defendant

Judgment of the lower court

Busan District Court Decision 66No1267 delivered on November 11, 1966, Busan District Court Decision 66No1267 delivered on November 11, 1966

Text

The appeal is dismissed.

The number of detention days after an appeal shall be included in the calculation of the original sentence.

Reasons

We examine the Defendant’s grounds of appeal:

The crime of smuggling in the judgment of Article 4 (2) of the Stows Control Act is established by arranging an act of smuggling for the purpose of receiving the remuneration, and whether the person who received the mediation started to commit the smuggling, or whether it was merely the old cost. Therefore, the judgment of the court below to the same effect is just, and the ground that the sentencing of the original judgment is excessive is just, and in the case where the decision of the court below was rendered for eight months, the ground that the sentencing of the original judgment is excessive cannot be a legitimate ground for appeal. Thus, there is no ground for appeal

Therefore, the appeal is dismissed without merit, and 60 days of detention after the appeal shall be included in the original sentence in accordance with Article 57 of the Criminal Act. It is so decided as per Disposition by all participating judges.

Supreme Court Judge Madung (Presiding Judge) Kim Gung-bun and Madlebro

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