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(영문) 인천지방법원 2015.03.13 2014노4791
조세범처벌법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (limited to imprisonment of one year and two months and fine of five million won, additional collection of KRW 6,209,507,80) is too unreasonable.

2. On April 25, 2014, the fact that the Defendant voluntarily surrenders to the investigative agency on the part of April 25, 2014 that all of the instant crimes were led to confession and reflect, that there is no record of criminal punishment exceeding the fine, that there is no record of criminal punishment, and that the Defendant is not healthy due to a yellow disorder, etc. is favorable.

However, considering the fact that dealing with smuggling imported goods is highly likely to be criticized against the legislative intent of the Customs Act with a view to contributing to the development of the national economy by ensuring the imposition and collection of customs duties and customs clearance of imported and exported goods and securing the import of customs duties, the number or duration of the defendant's smuggling imported goods, the size of the stolen goods acquired, the criminal records of the same kind are only one time, and other various sentencing conditions specified in the records and arguments, such as the defendant's age and behavior environment, the circumstances before and after the crime, etc., the sentence against the defendant is too unreasonable.

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

[However, in the judgment below against the defendant, it is evident that the "D" was omitted in the public offering, and it is apparent that the summary of the evidence "1. Accusation (1. 801-832)" was omitted in the public offering, and it is obvious that "Article 282 (2)" was omitted in the "Additional Collection" applied by the law, so it is obvious that the "Article 282 (2) was omitted in error," each addition ex officio, in accordance with Article 25 (1) of the Rules on Criminal Procedure, shall be corrected.

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