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(영문) 서울고등법원 2016.06.16 2016노668
특정범죄가중처벌등에관한법률위반(관세)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years and by a fine not exceeding 223,477,362 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant’s assertion (1) misunderstanding of the facts or misapprehension of the legal doctrine did not have an intention to participate in the act of pre-treatment or the smuggling of narcotics, the lower court convicted the Defendant of the facts charged by misapprehending the legal doctrine, or by misapprehending the legal doctrine.

(2) The sentence sentenced by the lower court (a 5 years of imprisonment, a fine of 1,787,818,896) is too unreasonable.

B. The Prosecutor’s assertion that the above sentence declared by the lower court is too unhued and unreasonable.

2. Determination

A. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds for the appeal of this case. The "(total market price of 1,405,518,00 won, total of 893,909,448 won)" in Article 1-A-6 of the indictment of this case is "(total market price of 351,379,500 won, total of 223,47,362 won)," and "50,000,000 won" in Article 16 of the Act on the Aggravated Punishment, etc. of Specific Crimes was amended to "Article 2-2 (2) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes," and each court has no longer been permitted to amend the amendment of the indictment of this case to "Article 2-2 (2) 2 of the Act."

The Defendant’s assertion of mistake or misunderstanding of the legal doctrine, despite the ground for ex officio reversal, is still subject to the judgment of this court within the scope relating to the modified facts charged, and is to be determined below.

B. The summary of the revised facts charged 1) In order to import goods in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Customs Duties), the name, size, quantity, and price of the pertinent goods shall be reported to the head of the customs office. However, around March 29, 2015, F determined that around 23:00, when he/she received a request for smuggling from H and I from a local factory in China, he/she is equivalent to KRW 702,759 (total market price of KRW 351,379,50; KRW 223,47,362 in total; and KRW 223,47,362 in total).

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