Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions in the instant case, the sentence of a fine of KRW 25 million imposed by the lower court against the Defendant is too unreasonable.

B. In full view of the evidence submitted by the prosecutor 1, the court below found the Defendant guilty of all the facts charged, including 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, etc. of Concealment of Criminal Proceeds. However, the court below erred by misapprehending the facts and acquitted the Defendant on the part of the reasons.

2) In light of the various sentencing conditions of this case’s unfair sentencing, the sentence of a fine of KRW 25 million imposed by the lower court against the Defendant is too uneased and unreasonable.

2. Determination

A. Although the defendant received a notice of receipt of the records of trial on January 4, 2017, he/she failed to submit a statement of reasons for appeal within the period for filing an appeal (in the name of a law firm B, the reason for appeal for the defendant was submitted on January 23, 2017, but the document of appointment of counsel under Article 32(1) of the Criminal Procedure Act was submitted as of January 25, 2017 when the appeal was not timely filed. Thus, the above reasons cannot be deemed as a valid reason for appeal (see, e.g., Supreme Court Order 69Mo68, Oct. 4, 1969; Supreme Court Order 2001Do4839, Nov. 1, 201). Moreover, examining the records of appeal ex officio and examining the records of the court below.

Therefore, the defendant's appeal should be dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is decided, the defendant's appeal should be dismissed separately.