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(영문) 인천지방법원 2020.04.03 2019노1674
관세법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the court below on the Defendants (in case of Defendant A, 2 years of probation, community service, 80 hours in October, confiscation, Defendant B: 10 months in prison, 2 years in probation, 80 hours in prison, 2 years in prison, 80 hours in prison, 2 years in prison, 80 hours in prison in June, 2 years in prison, 80 hours in community service, and 125, 49, 000 won in joint collection against the Defendants) are too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the records and arguments of this case, there are no changes in circumstances that may consider the sentencing after the lower judgment, and considering the various sentencing conditions as stated in the records and arguments, the lower court’s punishment is too large even if considering the circumstances alleged by the Defendants as grounds for appeal, and it does not seem that the Defendants exceeded the reasonable scope of discretion.

3. In conclusion, since all appeals by the Defendants are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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