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(영문) 인천지방법원 2018.08.10 2018노413
관세법위반등
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C shall be punished by a fine of 5,000,000 won.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant C (unfair sentencing)’s punishment (amounting to KRW 5 million and additional collection) sentenced by the lower court to Defendant C is too unreasonable.

B. The prosecutor (not guilty part of the judgment of the court below) 1 made a specific statement on the process of the crime, such as the prosecutor's investigation, the contents of the conspiracy with the defendant B at the time of the prosecutor's investigation, the transfer of salvies, etc., and Gap reversed the statement about the crime committed with the defendant B during the investigation process. However, the reasons for the reversal of the statement can be accepted, the circumstances leading up to Gap's reversal of the statement, the circumstances leading up to the receipt of the sales proceeds for the defendant B and the distribution of the sales proceeds for the defendant B and the sales proceeds are somewhat unclear, but there is no objective data due to the nature of the cash transaction, and it can be said that the defendant B had been punished for a crime that was closely imported for the 0-day article on November 1, 2014 to December 12 of the same year. On the other hand, Gap did not receive punishment for the same kind of crime and attempted to receive quarantine measures for the defendant B and the defendant B and the defendant B did not have been exposed to 1607 1.2.07.07 domestic.

2) The sentence sentenced by the lower court to Defendant B (one year of imprisonment with prison labor, two years of suspension of execution, two hundred hours of community service order, and additional collection) is too uneasible and unfair.

2. Determination

A. The judgment on Defendant A’s appeal (Submission of a statement of reason for appeal) is to be made (the submission of a statement of reason for appeal) and Defendant A received a notice of receipt of the record of trial from this court on January 25, 2018 after submitting the petition of appeal on February 20, 2018, the reason for appeal is to be submitted within the period for submission of the due reason for appeal.

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