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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In full view of the evidence submitted by the prosecutor to assert misconception of facts or misapprehension of legal principles as to the non-guilty part of the judgment of the court below (the violation of the Customs Act due to smuggling (declaration of other goods) and the violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment), the court below erred by misapprehending the legal principles or acquitted the Defendant on the part of the judgment of the court below, since it is recognized that there is no identity between the exported goods and the actual exported goods. Thus, the court below found the Defendant guilty of the violation of the Customs Act due to smuggling export under Article 269(3)2 of the Customs Act and the violation of the Act on Regulation and Punishment
B. The lower court’s sentencing (7 million won of fine) on the ground of unfair sentencing is too uneasible and unreasonable.
2. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principle
A. 1) Determination of misconception of facts or misapprehension of legal principles as to the violation of the Customs Act (main facts charged) due to smuggling export (declaration of other goods) 1) The summary of this part of the facts charged is as follows in collusion with G from January 24, 2013 to September 1, 2013, the Defendant exported 29,924 goods different from the pertinent export goods, including string 148,862,841 won at a total of 38 times, as shown in Appendix I as stated in the judgment of the court below, in collusion with G, from January 24, 2013 to September 1, 2013, and exported them. 2) The court below held that this part of the facts charged constitute a case where there is no proof of a crime. However, the court below did not render a separate verdict of innocence in the order to find the Defendant guilty of each violation of the Customs Act due to a false declaration, which is an ancillary facts charged.
The term “exported goods and other goods” in Article 269(3)2 of the Customs Act shall mean the goods other than those which are declared in accordance with the export declaration.