The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the penalty of 10 months, 3,581, 611,000 won) is too unreasonable.

2. It is recognized that the Defendant recognized the entirety of the instant crimes and reflects his mistake, there is no record of criminal punishment, and the Defendant appears to have participated in the instant crimes due to economic difficulties as a mere means of transport of gold bars.

However, the crime of this case is a case where the defendant took part in the crime of smuggling that is organized and planned for a period of more than 76 months and the market price of 3.5 billion won was sealed or closely exported by concealing it over 76 times during the period of more than 10 months, and its nature is poor in light of the method and frequency of the crime, the scale of the crime, etc. The crime of this case is not only a crime that interferes with the balance and currency value of balance of payments and stabilization of monetary value, but also fails to secure customs income, but also a crime that disturbs sound distribution order and is in need of a corresponding punishment. The defendant gains a total of 23 million won from the crime of this case. There is no special change in circumstances that can be newly considered after the issuance of the judgment of the court below, and the defendant's age, sex, motive, means and result of the crime of this case, and other circumstances that are conditions for sentencing after the crime of this case are considered as unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.