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(영문) 서울중앙지방법원 2016.11.25 2016노1718 (1)
관세법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. Although misunderstanding of facts or misunderstanding of legal principles are not subject to safety certification, the first instance court convicted the Defendants of violating the Customs Act on different premise. The first instance court erred by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment.

B. The first instance sentence (Defendant A: Imprisonment with prison labor for six months, suspension of execution for two years, and fine for negligence for Defendant B: 20,000 won) of the decision on unfair sentencing is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, Article 270(2) of the Customs Act provides that "any person, among those who filed an import declaration under Article 241(1), who fails to meet the requirements for permission, recommendation, certification, or other conditions necessary for import under the Act and subordinate statutes, or who imports them by unlawful means, shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won." In importing the instant lamps, it shall be examined whether the Defendants failed to meet the requirements for permission, approval, recommendation, certification, or other conditions necessary for import under the Act and subordinate statutes. 2) According to Article 3(1) of the Electrical Appliances Safety Control Act, the manufacturer of electrical appliances subject to safety certification means the model of electrical appliances subject to safety certification from a safety certification institution unless he/she is exempted from safety certification, etc. as prescribed by Presidential Decree.

Each type of business shall obtain safety certification, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

In addition, according to Articles 6 and 7 of the same Act, an importer of electrical appliances subject to safety certification shall place a mark of safety certification or exemption under Article 3 of the same Act on the relevant electrical appliances and their packages, and the electrical appliances subject to safety certification without such safety certification mark.

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