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(영문) 전주지방법원 2014.04.18 2014노157
관세법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (two years of suspended execution, etc. in six months of imprisonment) against the accused against the summary of the grounds for appeal is deemed as undue.

2. The judgment of this case requires a strict punishment against the defendant in light of the following facts: (a) the imposition and collection of customs duties is difficult; (b) the crime is a crime disturbing the customs clearance order of imported goods; (c) the nature of the crime is good; (d) the period of the crime is high; (e) the quantity and value of the smuggling imported goods is not considerable; and (e) the defendant committed a planned crime, such as a disguised import by multiple recipients of heavy and long-term scambing items; (b) the defendant used them; (c) however, the defendant shows an attitude against himself/herself in the confession of the crime in this case; (d) the amount of evasion of customs duties caused by the crime in this case is relatively large; (e) the defendant was committed as a primary offender and not re-offending; and (e) other various circumstances, including the defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, etc., the prosecutor’s assertion that the above punishment of unfair sentencing is unreasonable.

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

However, according to Article 25(1) of the Rules on Criminal Procedure, the criminal facts of the judgment of the court below are as follows: "E" in Part 2 of the judgment of the court below; "YAHO ACITRN" in Part 8 are as "YAHO AUTO"; "YAO AUTON" in Part 2 through 3; "the application of the law" in Articles 269(2)1 and 241(1) of the Customs Act; "the Customs Act" in Articles 271(2), 269(2)1 and 241(1) of the Customs Act; "the choice of each imprisonment" in Article 269(2)1 of the Customs Act (the fact of smuggling import; the choice of imprisonment); Article 271(2) of the Customs Act; Article 269(2)1 and Article 241(1) of the Customs Act.

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