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(영문) 서울고법 1983. 3. 11. 선고 82노3467 제4형사부판결 : 확정
[관세법위반등피고사건][고집1983(형사특별편),70]
Main Issues

The nature of the crime of evading customs duties and defense tax in the event that goods are not taken out of the bonded storage place;

Summary of Judgment

If a container loaded at a bonded storage outlet takes goods out of about 5 meters away from the container, and the goods were arrested and the goods were not taken out from the bonded storage outlet, then they are merely the attempted customs duties and defense cells.

[Reference Provisions]

Article 182(2) of the Customs Act

Escopics

Defendant 1 and one other

Appellant. An appellant

Defendants

The first instance

Incheon District Court (82 Gohap284)

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for ten months.

The number of detention days prior to the pronouncement of the judgment below shall be 15 days, including each penalty.

The seized 200 kilograms (No. 1) and 50 kilograms (No. 2) shall be forfeited from Defendant 1.

901,864 won shall be collected from each of the Defendants.

Reasons

The gist of Defendant 1’s defense counsel and Defendant 2’s grounds of appeal are too unreasonable. However, prior to examining the grounds of appeal as to the above grounds of appeal, the lower court ex officio examined the second part of the judgment. The lower court recognized that the Defendants carried in the second part of the judgment by taking 20 kilograms of 200 kilograms and 50 U.S. So-called “N.S.P.P.P.P.S.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P.P., the Defendants’s.

Criminal facts and summary of evidence

1. The Defendants’ criminal facts acknowledged as a party member are identical to the criminal facts recorded in the judgment of the court below, and the summary of evidence recognized as such are identical to those recorded in the summary of the evidence in the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act, except for those listed in paragraph (2) of the facts constituting the crime

2. On July 23, 1982: around 00, at the port south-dong, Jung-gu, Incheon Metropolitan City, at the port port terminal, Non-Indicted 1 purchased from Washington on July 14, 197 of the same year at the port of Jung-gu, Jung-gu, Incheon, and transported through the route in the same manner as in the preceding paragraph during the transport of the container through the route in which Non-Indicted 1 purchased from Washington, and transported through the route in the same manner as in the preceding paragraph, 7,007,457 won at the market price of 200 kilograms, and 30,000 won at the market price at the 50,000 won at the Mari-gu, Jung-gu, Incheon, and Non-Indicted 1 and 2 did not look at the network to find out the network and detect it to the customs house, and thus, attempted to evade customs duties and avoid customs duties and avoid customs duties.

Application of Statutes

Article 180(1) of the Customs Act, Article 30 of the Criminal Act, Article 180(1), Article 30 of the Criminal Act, Article 180(1), Article 30 of the Criminal Act, Article 182 and Article 180(1) of the Customs Act, Article 30 of the Criminal Act, Article 13(1) of the Defense Tax Act, Article 182 of the Customs Act, Article 180 of the Criminal Act, Article 13(1), Article 180 of the Customs Act, Article 30 of the Defense Tax Act, Article 182 and Article 30 of the Customs Act, Article 180(1), Article 30(1) of the Customs Act, and Article 30 of the Criminal Act provides that one act of violation of the Customs Act and Article 180 of the Criminal Act shall be included in the so-called imprisonment with prison labor for each of the above defendants, and Article 30 of the Criminal Act shall be subject to concurrent punishment of each of the above defendants within the prescribed scope of imprisonment with prison labor and Article 27 of the Criminal Act.

It is so decided as per Disposition.

Judges Yang Gyeong-Gyeong (Presiding Judge) and Kim Jong-chul

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