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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 13,00,000 won.
Reasons
1. The summary of the grounds for appeal by the defendant is too unreasonable that the sentence imposed by the court below (the imprisonment of eight months, the suspension of execution of two years, the fine of fifteen million won) is too unreasonable.
2. Before the judgment on the above assertion, we examine ex officio prior to the above argument. According to Article 278 of the Customs Act, in cases where a person who commits an act violating penal provisions under the Customs Act is punished by a fine, the application of Article 38(1)2 of the Criminal Act is excluded. As such, with respect to several concurrent offenses under the former part of Article 37 of the Criminal Act, a fine shall be separately imposed for each of such offenses. Accordingly, the court below determined a fine for a single offense as KRW 100,000, and determined the amount of fine for a total of 130 times offense by the defendant as KRW 13 million.
However, the order sentenced the defendant to a fine of 15 million won.
Therefore, the judgment of the court below is not only inconsistent with the order of the judgment, but also a fine exceeding 13 million won, which is the punishment imposed through the application of legitimate laws.
3. If so, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, and the judgment below is again reversed and it is so decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts and Articles 270 (1) 1, 244 (1), and 275 of the selective Customs Act (Concurrent Imposition of Imprisonment and Fines);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 (limited to imprisonment) and Article 50 of the Criminal Act, the part of fines under Article 278 of the Customs Act;
1. In accordance with Article 278 of the Customs Act, the decision of sentence of a fine and the concurrence of fines under Article 38(1)2 of the Criminal Act shall be made.