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(영문) 대법원 2019.08.30 2019도8291
관세법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its reasoning, the lower court collected KRW 552,02,00,00, which is the value of gold bullion imported from the Defendant pursuant to Article 282(3) of the Customs Act.

Examining the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on additional collection, or by applying the unconstitutional law.

The argument that the lower court erred by excessively imposing a penalty exceeding the bounds of the nature and supplement of collection is ultimately an unreasonable sentencing argument.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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