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(영문) 인천지방법원 2018.01.12 2017노3662
관세법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the penalty amounting to KRW 10 million, the penalty amounting to KRW 137,467,00) is too unreasonable.

2. The judgment that the defendant voluntarily surrenders, and that the defendant has no record of criminal punishment is favorable to the defendant.

However, since the amount of gold bars sealed by the Defendant in a repeated and planned manner is equivalent to KRW 3 km and the market price of KRW 137,467,00,00 in total, the crime and the crime are very serious, the crime of smuggling, which is the crime of this case, not only interferes with the balance of payments and the stabilization of monetary values, but also prevents the security of customs revenues, but also is a crime that disturbs sound distribution order, it is disadvantageous to the Defendant and thus requires strict punishment.

In full view of all other circumstances, including the equity in the punishment with similar crimes as above, the lower court’s punishment is determined to be within the appropriate range of sentence corresponding to the criminal liability, and its punishment is too unreasonable as it is too unreasonable, considering the following circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime.

3. In conclusion, the defendant's appeal is without merit, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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