The part of the judgment of the court of first instance against the defendant shall be reversed.

No. 4 of the crime sight table in Paragraph 7 of the judgment of the defendant 1.

1. Summary of grounds for appeal;

A. Defendant 1) Since the Defendant did not release counterfeit goods that had been exposed to and attempted to import after making a false report to customs office, the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Customs Duties) against the Defendant should be punished as an attempted crime (see, e.g., Busan District Court Decision 2012Gohap322, Jun. 19, 2012). However, the first instance court that determined this as an attempted crime is erroneous and erroneous. 2) The sentence imposed by the first instance court of unfair sentencing against the Defendant is too unreasonable.

(b) The sentence imposed by the first instance court on the accused is too unfluent and unjust;

2. Determination:

A. Determination 1 ex officio: “A crime for which judgment to punish with imprisonment without prison labor or a heavier punishment has become final and conclusive and a crime committed before such judgment has become final and conclusive” constitutes concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In this case, considering equity in cases where a crime for which judgment has not become final and conclusive among concurrent crimes pursuant to Article 39(1) of the Criminal Act and a crime for which judgment has become final and conclusive, a sentence shall be imposed on such crime. Meanwhile, in light of the language and text of Articles 37 and 39(1) of the Criminal Act and legislative intent, if a crime for which judgment has not yet become final and conclusive cannot be adjudicated concurrently with a crime for which judgment has already become final and conclusive, it is reasonable to interpret that a sentence may not be imposed, or a sentence shall not be mitigated or remitted in consideration of equity and equity (see Supreme Court Decision 2009Do948, Oct. 27, 201). 201; each of the above evidence duly adopted and investigated at the first instance court and the suspended sentence shall be sentenced to imprisonment with prison labor for 210 years, 210.