logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.11.01 2018노1717
관세법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an additional collection of KRW 2,2,157,606,00,00,000, which was sentenced by imprisonment for a period of eight months) is too uneasable and unreasonable.

2. The crime of this case is acknowledged that the crime of this case is a crime that interferes with the balance of payments and currency values and prevents customs income from being secured, and is a crime that disturbs sound order in distribution and requires a corresponding punishment. It is acknowledged that the crime of this case is a crime that interferes with the balance of payments and currency values and prevents customs income from being secured, and that the crime of this case is a crime that disturbs sound order in distribution and thus requires a corresponding punishment.

However, in full view of various circumstances, such as the fact that the Defendant recognizes the entire crime of this case and reflects his mistake, that is the primary offender who has no record of criminal punishment, that is, the first offender who voluntarily cooperated in the investigation agency (see, e.g., evidence record 184) in the process of relevant investigation, that the Defendant actively participated in the crime of this case according to the solicitation of a person in a situation where economic situation is difficult, that is, the criminal proceeds directly acquired from the crime of this case as a mere means of transport of gold, that there is no special circumstance that can be newly considered after the sentence of the lower judgment, that there is no other change of circumstances that may be newly considered, such as the Defendant’s age, sexual conduct, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the punishment imposed by the lower court cannot be deemed to be unfair because it is too small.

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

arrow