logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.01.17 2013노3742
관세법위반등
Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (eight months) of the original judgment is too unreasonable.

2. In full view of the fact that the Defendant appears to recognize and reflect his mistake, and that D, an accomplice who was in de facto marital relationship with the Defendant at the time of the instant crime, has already been punished by imprisonment for eight months, and that the Defendant’s occupation, criminal records, and all other matters concerning the sentencing specified in the records and arguments of the instant case, the sentence of the lower judgment is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 270(1)1 and Article 241(1) of the Customs Act, Article 30 of the Criminal Act, Article 28(1)2 and Article 16 subparag. 4 of the former Foreign Exchange Transactions Act (amended by Act No. 9351 of Jan. 30, 2009), Article 30 of the Criminal Act, Articles 30 of the Criminal Act, Articles 270(1)1 and 241(1) of the same Act, the choice of punishment for the crime

1. The former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

arrow