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(영문) 인천지방법원 2015.03.18 2015노388
관세법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. In full view of the various sentencing conditions shown in the records and arguments of the instant judgment and the fact that the Defendant has no record of committing a crime in Korea, the lower court’s punishment is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the following is ruled again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the description of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 269(2)1 and 241(1) of the Customs Act for criminal facts; Article 30 of the Criminal Act; Articles 269(2)2 and 241(1) of the Customs Act; Article 30 of the Criminal Act for the selection of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (In determining the grounds for appeal, this provision shall apply and other relevant factors);

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