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(영문) 대법원 1961. 12. 14. 선고 4294형상400 판결
[관세법위반][집9형,198]
Main Issues

Act on Temporary Measures for Smuggling and Golds;

Summary of Judgment

(a) With respect to the export of gold, measures should be taken in accordance with the Ad hoc Measures (Abolition) related to gold, and not in accordance with the Customs Act.

B. Article 6(4) of the former Act on the Aggravated Punishment, etc. of Specific Crimes before the amendment by Act No. 2032 of July 15, 1968 cannot be applied to the import without a license under this Act since January 1, 1968.

[Reference Provisions]

Article 5(1) of the Ad Hoc Act, Article 6 of the Ad Hoc Act on the Ad Hoc

upper and high-ranking persons

Prosecutor Seo-gu Office of Home Affairs

Appellant, Defendant

Defendant

Judgment of the lower court

Busan metropolitan area, Daegu metropolitan area, etc. of the second instance

Reasons

In order to determine the application of the original judgment ex officio, the application of the law in the original judgment must be punished by the Act on Temporary Measures concerning Gold Indeption, and Article 197 of the Customs Act shall not apply. Therefore, the original judgment to which Article 197 of the Customs Act applies to the criminal facts in this case shall not be reversed.

Justices Choi Ma-mo (Presiding Justice)

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