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(영문) 인천지방법원 2014.07.04 2014노1039
관세법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (a fine of 1.920,000 won) declared by the court below against the defendant is too unfilled.

2. Determination: (a) the Defendant filed a false declaration of dutiable value 37 times in total prior to the instant crime; (b) was exposed to customs office around June 201; (c) was subject to a disposition of additional collection of KRW 11,96,900 on the evaded tax amount; (d) the Defendant prepared a secret and planned crime to control the instant customs office; and (e) the Defendant was extremely poor to commit the instant crime; (b) there are unfavorable circumstances, such as the Defendant’s recognition and depth of the instant crime; (c) the Defendant is aged; (d) the Defendant paid the remainder on January 17, 2014 among the total amount of evaded tax, etc. paid by the Defendant after the issuance of the instant summary order; and (e) the Defendant’s character and character, environment, health status, motive and means and consequences of the instant crime; and (e) the value of the relevant goods after the instant crime; and (e) the circumstances in the pleading and the record, etc., considered appropriate for the Defendant’s punishment.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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

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