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(영문) 수원지방법원 2012.12.20 2012노4897
대외무역법위반
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

, however, the defendant.

Reasons

1. Summary of the grounds for appeal (e.g., both types);

A. Defendant A’s imprisonment (six months of imprisonment) is too unreasonable.

B. Each sentence of the lower court (for the Defendant B, six months of imprisonment, two years of suspended execution, and 80 hours of social service) is deemed to be too uneasy and unfair.

2. Determination

A. In full view of all the factors of sentencing, including the fact that Defendant A made a confession, and the depth of his mistake is divided, that the Defendant’s health condition is not good by undergoing a heart surgery around 2009, and that the Defendant’s difficult family style is considered. On the other hand, this case indicated the Defendant’s origin in a false manner by the word “sporadation” referring to the Defendant’s transfer of 15,000 g (=500 x 30 g) domestically produced salt to the domestic salt pos, and the violation is not easy, and the Defendant has the past history of suspending the execution of the same crime and of punishing the Defendant once for the same kind of crime. In full view of all the factors of sentencing, it is not recognized that the lower court’s punishment is too excessive, too excessive, or unreasonable.

B. As to Defendant B, the following should be taken into account: (a) the Defendant made a confession at the latest, and his mistake is divided in depth; (b) the benefits earned by the Defendant are not significant due to the instant crime; and (c) the Defendant was judged as having been disabled Grade 6 under the real name of one eye; (b) however, the crime of this case committed by the said Defendant by selling the above “Magrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrg

3. Conclusion, Defendant A’s appeal and .

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