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(영문) 인천지방법원 2019.08.08 2019노1401
관세법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The lower court’s judgment against the Defendant is 2018 Highest8196.

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 and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal of ex officio determination, the prosecutor applied for amendments to the indictment with the purport of changing "W and X" from the facts charged in the judgment of the court below in the case of the court below 2019Dadan20666, into "Seoul Yongsan-gu Q buildings R, Yongsan-gu, Seoul," and the judgment of the court below is no longer maintained since the subject of the judgment was changed by this court's permission.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

In other words, the facts constituting a crime and the summary of the evidence recognized by this court as stated in the reasoning of the judgment below are identical to each corresponding column of the judgment below, except where the facts constituting a crime in the reasoning of the judgment below are modified as "W, X" (No. 4, 16-17 of the judgment of the court below) from the facts constituting a crime in the reasoning of the judgment below, as stated in the corresponding column of the judgment of the court below, since it is identical to that of the Seoul Yongsan-gu Q buildings R, Seoul.

Application of Statutes

1. Article 269(2)1, Article 241(1)1, Article 30 of the Criminal Act, Article 271(2), Article 269(2)1, and Article 241(1) of the Customs Act, Article 30 of the Criminal Act, Article 274(1)1, and Article 269 of the Customs Act, Article 274(1)1, and Article 269 of the Customs Act, Article 230 of the Trademark Act, Article 30 of the Criminal Act, Article 93(1)10, and Article 61(1)1 of the Pharmaceutical Affairs Act, Article 30 of the same Act, Article 93(1)10, and Article 61(1)1 of the same Act, Article 94(1)9, Article 62 subparag. 1, Article 76(1)4, and Article 30 of the same Act, which are likely to cause harm to the public health of the Republic of Korea.

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