(영문) 서울고등법원 2015.09.10 2015노1824 | 리걸엔진

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(영문) 서울고등법원 2015.09.10 2015노1824

특정범죄가중처벌등에관한법률위반(관세)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the original judgment [the imprisonment of one year and six months, the suspended sentence of three years, the fine of 3,672,370,774 won (the imprisonment of one year and six months, the suspended sentence of a fine of 7 million won, the fractional amount of money), the additional collection of 5,497, 361,00 won per day] is too unreasonable;

2. In light of the judgment, it is recognized that there are conditions favorable to the defendant, such as the fact that the defendant has recognized all of the crimes of this case and the defendant appears to have committed each of the crimes of this case, and that there is no substantial benefit to the defendant, and that each of the crimes of this case is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of violating the Customs Act for which the judgment has become final and conclusive and the need to consider equity

However, each of the crimes of this case is a condition unfavorable to the defendant, such as the following facts: (a) the defendant imported gold bars in collusion with the CD by concealing them in the clothes and received transportation expenses from E; (b) the customs administration is disturbed; (c) the market price of the goods would be at least 5.5 billion won; and (d) the cost of the sealed imported goods would be at least 200 million won; and (e) the cost of the sealed imported goods would be at least 12 billion won; and (e) the degree of the crime is heavy; and (e) other various circumstances and cost, which are conditions for the sentencing indicated in the records, such as the defendant's age, character and conduct, environment, and after the crime, are subject to a fine equivalent to at least 20 million won but less than 50 million won, and the maximum amount of the cost of the imported goods would be determined within the scope of the punishment mitigated; and (e) the court below's decision is unreasonable.

Therefore, the defendant's assertion is without merit.

3. If so, the defendant's appeal is reasonable.

참조조문

-관세법

-특정범죄 가중처벌 등에 관한 법률

-형법 제37조

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