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 298,634,120 won.

The defendant above.

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of one year and six months, the fine of 298,634,120 won) is too unreasonable.

2. The crime of this case committed by the Defendant is a case where the Defendant attempted to spawn or spawn agricultural products, such as melting, melting, spawn, and spawn, over four times a year from October 199 to November 23, 201, for which the market price exceeds 80 million won.

Although the Defendant had been sentenced to a fine twice due to the violation of the Customs Act in the past, the Defendant committed the instant crime, and there is a high possibility of criticism in light of the frequency, period, cost and market price, etc. of the instant crime.

After departure from China on March 200, the Defendant was found to have been guilty of committing the crime, and even if he lives to escape from punishment, he was found to have committed the crime of additionally smuggling around April 200 and around November 201, 200.

However, on June 2017, the Defendant voluntarily entered the Republic of Korea and voluntarily surrendered to the investigation agency, and all of the instant crimes are recognized.

The defendant is suffering from urology, high blood pressure, etc. due to the old age of over 80 years, and is not good for health.

D, an accomplice of the defendant, was sentenced to imprisonment for one year, two years of suspended execution, and fine for 597,268,240 won for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (customs duties) in Busan District Court 2001 Gohap 769, and the sentence was again sentenced to imprisonment for one year, two years of suspended execution, and fine for 298,634,120 won in Busan High Court 202.

C, other co-offenders, was sentenced to imprisonment for 2 years, 3 years of suspended execution and fine for 597,268,240 won for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (customs duties) with Busan District Court 2001 Gohap 769, and filed an appeal again with the Busan High Court 2002No451, but the appeal was dismissed, and the above judgment became final and conclusive for the period of appeal.

In addition to the defendant, it is also necessary to consider that accomplices of this case were sentenced to suspended sentence.