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(영문) 서울고등법원 2020.01.09 2019노1847
특정범죄가중처벌등에관한법률위반(관세)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year and six months of imprisonment, two years of suspended execution and fine 72,714,268 of imprisonment) is too unreasonable.

2. The Defendant recognized the instant crime and reflected the mistake.

The Defendant took part in the crime of this case by reporting imported goods such as shoulder B, etc. with different goods, and the Defendant committed the crime of this case, and the smuggling imported goods were not distributed in the Republic of Korea.

There is no criminal offense against the defendant.

These circumstances can be considered as a factor favorable to the sentencing of the defendant.

However, the above circumstances appear to be that the defendant asserted in the court below or that the court below took full account of all the factors in determining the punishment against the defendant.

Considering such circumstances and various circumstances as mentioned in the column of the “decision of Pronouncement” of the lower judgment, particularly the considerable volume of smuggling imported, etc., the Defendant has escaped for a long time, and committed an unlawful criminal investigation and trial, and all of the conditions of sentencing as shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive for committing an offense, and circumstances after committing an offense, the lower court’s sentencing is appropriate and does not seem to have exceeded the reasonable scope of discretion, and there is no change in important circumstances as to the sentencing conditions in the trial. Therefore, it cannot be said that the Defendant’s punishment imposed by the lower court is too unreasonable.

We do not accept the above arguments of the defendant.

3. The Defendant’s appeal is without merit, and thus, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, but ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure, “Article 70(1) of the Criminal Act” shall be corrected to “Article 70(1) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).”

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