(영문) 부산지방법원 2016.01.14 2015노3103 | 리걸엔진

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(영문) 부산지방법원 2016.01.14 2015노3103

관세법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 13 million.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 32.5 million) is too unreasonable.

2. The instant crime was committed by the Defendant with a false declaration of low price, and was committed with a total of 6,880,000 won from 2012 to 2014, and the nature of the instant crime is not good in light of the period and scale of the crime, and the Defendant has been punished for the same kind of crime, etc., which are disadvantageous to the Defendant.

However, considering the favorable circumstances, such as the fact that the Defendant was aware of the instant crime and the fact that the Defendant paid a total of KRW 122,200,000,000 for customs duties and additional duties evaded by the Defendant, and other factors such as the Defendant’s age, sexual conduct, environment, and circumstances after the commission of the instant crime, the sentence imposed by the lower court is unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Act and Article 270(1)1 and Article 241(1) of the Customs Act regarding criminal facts for which punishment is selected (to select a fine, collectively, in the case of crimes listed in the annual table of crimes attached to the original judgment)

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 278 of the Customs Act;

1. Determination of sentence of 13 million won (to be added up by a fine of one million won for each crime, and one million won x 13 times = 13 million won);

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

참조조문

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