(영문) 부산지방법원 2018.07.26 2018노2254 | 리걸엔진

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(영문) 부산지방법원 2018.07.26 2018노2254

관세법위반

Text

The judgment below

The part against the Defendants is reversed.

Defendant

A A A shall be punished by fine of KRW 4,000,00, and Defendant B.

Reasons

1. Each sentence of the lower court (Defendant A: Imprisonment with prison labor for 4 months and confiscation, Defendant B: Imprisonment with prison labor for 6 months and confiscation) against the Defendants in summary of the grounds for appeal is too unreasonable.

2. Determination

A. Defendant A’s crime of this case committed by Defendant A was committed by the Defendant in collusion with the co-offenders and attempted to export 1,329 cosmetics (cost of KRW 40,687,340) to China without filing a report with the head of the customs office. In light of the content of the crime, the Defendant’s liability for the crime was grave and is deemed disadvantageous to the Defendant.

However, it is recognized that the court below's punishment against the defendant is too unfair in consideration of the following factors: (a) the defendant led to the confession of the crime of this case; (b) some of the above cosmetics seems to have been possessed for the purpose of delivery merely rather than cosmetics directly purchased by the defendant; (c) the illegality of the act of this case committed by the defendant needs to maintain balance between the punishment and the punishment; (d) the defendant is the primary offender; (e) the defendant's family member, etc. wanted to take a prompt measure against the defendant; (e) there is a family member to support the defendant; and (e) other circumstances, which form the conditions for sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc.

Therefore, the defendant's argument of sentencing is justified.

B. Defendant B’s crime of this case committed by Defendant B was committed by the Defendant in collusion with the co-offenders without filing a report with the head of the customs office, and was committed by attempted to export 1,815 cosmetics to China (cost of KRW 61,407,201). In light of the content of the crime, the Defendant’s liability for the crime was grave, and thus, was deemed disadvantageous to the Defendant.

However, the defendant made a confession of the crime of this case and reflects his mistake in depth through confinement for a certain period of time, and the crime of this case committed by the defendant.

유사 판례

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