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(영문) 부산고등법원 2016.11.03 2016노573
관세법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and six months, and a fine of KRW 5,922,20,648.

The defendant above.

Reasons

The lower court’s judgment is reversed without examining the Defendant’s allegation of grounds for appeal that the Defendant violated the law by setting a period of custody exceeding three years while imposing a fine on the Defendant, and the lower judgment is reversed, and the following is again decided upon through pleading.

(Article 364(6) of the Criminal Procedure Act. Pursuant to Article 369 of the Criminal Procedure Act, the corresponding part of the judgment of the court below shall be quoted.

Application of Statutes

1. The export of smuggling specified in Article 6(3) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 269(3)1 and Article 241(1) of the Customs Act, and attached Table 30 of the Criminal Act (the necessary concurrent imposition of fines pursuant to Article 6(6)3 of the Act on the Aggravated Punishment, etc. of Specific Crimes) for the crime: The export of smuggling specified in Articles 269(3)1 and 241(1) of the Customs Act, attached Table 2, (5), (6), (8), (9) of the Act on the Aggravated Punishment, etc. of Specific Crimes: The occupation of smuggling specified in Article 269(3)1 and 241(1) of the Customs Act, Article 30 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (in the case of concurrent crimes, Article 278 of the Customs Act excludes heavy restrictions on the concurrence of fines, and the sum of fines shall be the same as the attached Table for the calculation of the amount of penalty and the amount of penalty collected);

1. Article 70 (1) and (2) and Article 69 (2) of the Criminal Act for the inducement of a workhouse;

1. Article 282(3) and (2) of the Customs Act (the same shall apply to the amount of penalty and the calculation table of the amount of penalty in addition to the amount of penalty)

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (hereinafter “Aggravated Punishment”) of the Provisional Payment Order: (a) The defendant was found to have committed the instant crime before remanding the case, and (b) there is no criminal power in the Republic of Korea; and (c) the instant crime was committed by the defendant and his accomplices by sharing their roles on their own, systematically and systematically exporting a vehicle of 100 bits up to 7 billion won, and its large scale and nature are very poor.

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