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(영문) 인천지방법원 2020.08.20 2020노1008
관세법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 4 through 28 shall be confiscated, respectively.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment, and confiscation) is too unreasonable.

2. The crime of this case is a serious criminal that may disrupt the normal distribution order of drugs and cause serious harm to national health, the number of fake drugs that the defendant was sealed and kept in custody of the defendant, and the defendant committed the crime of this case during the period of suspension of execution, etc. It is disadvantageous to the defendant. However, the defendant led to the confession and reflect of the crime of this case, and the defendant did not have any special criminal record except for the criminal record due to the crime of this case and the crime of fine due to the crime of violation of the Foreign Exchange Transactions Act. Considering the circumstances leading up to the crime of this case, and other various circumstances, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the sentence imposed by the court below is unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the reasoning of the judgment below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 274(1)1, 269(2)1 (the point of keeping smuggling) of the Customs Act, Article 230 of the Trademark Act, Article 94(1)9, Article 62 subparag. 11, and Article 76(1)4 of the Pharmaceutical Affairs Act (the point of keeping medicines that may cause harm to national health) of the same Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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