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The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 2,000,000.
Defendant
A The above fine shall be imposed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective sentences against the Defendants (an administrative fine of KRW 4 million) are too unreasonable.
2. The Defendants’ evasion of customs duties of approximately KRW 7.5 million over a long period of time is disadvantageous to the Defendants.
However, the defendants led to the confession of the crime of this case and reflects the depth of their mistake, the defendants were imposed a fine for negligence of approximately KRW 15 million and trying to pay it in 12 installments in good faith, and the facts that Defendant A was the first offender who has no record of the crime are favorable to the defendants.
In addition, in full view of Defendant A’s age, sex, environment, family relationship, motive and circumstances of the Defendants, and the situation before and after the commission of the crime, the lower court’s punishment is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendants is justified, and the following is again decided after pleading.
[Re-written judgment] The summary of the facts constituting the crime of this case and the evidence against the Defendants is identical to each of the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts;
A. Defendant A: each Customs Act (Amended by Act No. 13548, Dec. 15, 2015); Articles 270(1)1 and 241(1)1 (a) of the same Act; Articles 276(2)4 and 241(1) (a) of the same Act (a false declaration)
B. Defendant B: Article 279(1) of the Customs Act; Article 270(1)1 of the Customs Act (Amended by Act No. 13548, Dec. 15, 2015); Article 241(1)1 of the Customs Act (Amended by Act No. 13548, Dec. 15, 2015); Article 279(1), Article 276(2)4, and Article 241(1) of the Customs Act (including a false declaration)
1. Defendant A who is selected to impose a fine (a deviation from customs duty).