The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for three years from the date this judgment becomes final and conclusive.

1. The abstract of the grounds for appeal is too unreasonable that the original court's imprisonment (limited to eight months of imprisonment and confiscation) is too unreasonable;

2. In full view of the following circumstances: (a) the volume and value of gold bars for which judgment was sought; (b) the quality of the crime is not high in light of the applicable criminal law; (c) the Defendant was discovered during the commission of smuggling and attempted to commit an attempted crime; (d) the Defendant’s use of almost all property during the commission of smuggling was subject to forfeiture; (c) the Defendant had no criminal records as he lives in Korea for about fourteen (14) years; (d) the Defendant’s use of approximately 14 years of living; and (e) the Defendant’s age, character and conduct, and environment, and all other circumstances revealed in the records of the instant case, the lower court’s punishment is deemed unfair because it is excessively unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts constituting the crime and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 271(2), 269(2)1 and 241(1) of the Customs Act, Article 30 of the Criminal Act concerning criminal facts and the choice of punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act suspended execution ( considered favorable circumstances among the reasons for destruction of pinipine in the front);

1. Article 282 (2) of the Customs Act that is confiscated;