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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
Reasons
Summary of Grounds for Appeal
(F) The sentence of the lower court (one year of imprisonment) against the Defendant is too unreasonable.
Judgment
The crime of this case was committed by soliciting specific misconduct and offering a bribe to D who is a customs official for the purpose of systematic removal of gold bullion and smuggling sales proceeds. Since the amount of the bribe granted is a large amount, the crime is not less complicated. The defendant has continued to engage in the business related to gold bullion of this case for a long time, and even before carrying in F and D with F, while carrying out the smuggling of this case and carrying out the smuggling of gold bullion of this case, he was aware that the defendant would pay a price to D when carrying out gold bullion of this case or carrying in US dollars of this case, and that the defendant also discussed F, D and the method of transporting gold bullion of this case, and that the degree of his participation in the act of directly taking out and bringing in the gold bullion of this case is considerably unfavorable to the defendant.
However, considering all the circumstances such as the defendant's confession of all the facts constituting a crime, the defendant's role and degree of participation in the whole crime, the defendant's direct removal of the gold ingot and the use of the gold ingot sales proceeds are limited to 15 times out of the total 52 times, and it is difficult to view that the defendant instructed other crimes or controlled the whole process of the crime; the fact that there is no previous crime; the defendant does not have any other punishment; the defendant is sentenced to imprisonment and equity, the age of the offender, character and conduct, character and character, intelligence and environment, motive, means and consequence of the crime; the circumstances after the crime were committed, and the sentencing conditions specified in the arguments are considered to be inappropriate.
Therefore, the defendant's ground of appeal is justified.
3. Conclusion.