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(영문) 대법원 2014.03.13 2014도544

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, and there was no error of law by misapprehending the legal principles on the "for profit-making purpose" as provided in Article 8-2 (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 9919, Jan. 1, 2010)

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable is not

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.