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(영문) 인천지방법원 2018.11.02 2018고합612
특정범죄가중처벌등에관한법률위반(관세)
Text

A defendant shall be punished by imprisonment for a term of two years and by a fine of thirty-six thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Any person who intends to import goods shall file a report with the head of a customs office on the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree.

On September 6, 2018, at around 16:20, the Defendant failed to report to the head of the customs office at the 1st entrance port of the 1st International Airport of Incheon, the 1st international airport of Incheon, and attempted to carry in 8 in a rectangular-type frame (8kg, the cost of goods 346,00,000 won) purchased from the red bean "B" from the red bean bean bean bean bean bean bean a site A4, one of which was cut into 4 in a golf bean four, 2 in a new part, and 1 in two new parts in a golf bean bean bean beauta, and the Defendant attempted to carry with him by exposing the personal belongings carried by the staff of the relevant customs office.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a certificate of custody;

1. Each protocol of seizure and the list of seizure;

1. Written response to the results of the analysis;

1. In the application of the Act and subordinate statutes of the investigative report (the preparation and report of suspect A Alley-type 1kg nos. 8, total amount of 8 km-Carryings, the list of smuggling imported crimes; the application of the Act and subordinate statutes of the smuggling “cost of 346,00,000 won for goods, and the market price of 382,536,000 won for the offense).”

1. Article 6 (7) and (2) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant crime, Article 271 (2), Article 269 (2) 1, and Article 241 (1) of the Customs Act (Concurrent punishment of a fine equivalent to twice the cost of goods imported pursuant to Article 6 (6) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes is required);

1. Article 53, Article 55, Article 55, Article 55, Article 55, 5, 5, 5, and 6 of the Criminal Act (The following extenuating circumstances among the grounds for sentencing);

1. Articles 70(1), 70(2), and 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 282(2) of the Confiscation Customs Act, Article 48(1) of the Criminal Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of applicable sentences under the Act: the cost of the goods provided for the crimes violating the Act on the Aggravated Punishment, etc. of Specific Crimes of Specific Crimes of KRW 346,00,000, either 1 year and 6 months of imprisonment or 15 years of imprisonment, and 346,000.

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