(영문) 인천지방법원 2015.02.13 2014노4780 (1)

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자간(%)

(영문) 인천지방법원 2015.02.13 2014노4780 (1)

관세법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of 15 million won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment, a fine of 15 million won) is too unreasonable.

2. The Defendant’s crime of this case was systematically and systematically committed, and the degree of participation by the Defendant, such as soliciting his accomplice B and G to bring in the gold ingots, was significant; the Defendant’s transfer of gold ingots was not significant; the Defendant’s success in the smuggling was planned to additionally import gold ingots through B; the crime of this case was poor due to the crime that disturbs customs administration and harms the domestic distribution order of gold; and even before the crime of this case was committed, there was a debate and agreement on the trade amount by promising to sell the gold ingots, etc.; and even before the crime of this case, there was an agreement on the trade amount by promising to sell it.

However, in full view of all the circumstances, such as the fact that the defendant has recognized the crime of this case, the fact that the crime of this case was committed in multiple attempted crimes, the fact that the defendant was led to the crime of this case due to the economic difficulty, the fact that there was a family member to support the defendant, the defendant has no record of the same crime, and there is only the record of the crime of fines, the degree of sentencing of similar cases, the character and conduct of the defendant, the environment, the motive and means of the crime of this case, the circumstances after the crime, the sentence of accomplices, etc., and the conditions of sentencing as shown in the records, it is recognized that the punishment of the court below against the defendant is inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding part of the judgment below.

참조조문

-형사소송법 제364조 제6항

유사 판례

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-인천지방법원 2013.09.26 2013고단4831

-서울고등법원 2014.10.30 2014노2418

-서울고등법원 2014.11.20 2014노2618

-서울고등법원 2015.09.10 2015노1824