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(영문) 대법원 2018.08.01 2018도7433

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on the grounds of appeal, the Defendant asserts to the effect that Article 2(1) of the Addenda of the Criminal Act that Article 70(2) of the Criminal Act (amended by Act No. 12575 of May 14, 2014) that Article 70(2) of the Criminal Act (amended by Act No. 12575 of May 14, 201), which Article 2(1) of the Addenda of the Criminal Act (amended by Act No. 12575), applies from the first case where a public prosecution

However, the lower court determined the same amount as the conversion amount of the sales decision subject to review within the scope of sentencing discretion when determining the conversion amount of the value of the Nowon Station by applying Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) with respect to the Defendant’s criminal act committed prior to the enforcement of Article 70(2) of the Criminal Act regarding the detention of the Nowon Station Station.

Even if such judgment of the court below exceeds the purport of the above decision of unconstitutionality, or violates the binding force of the decision of unconstitutionality as provided by Article 47(1) of the Constitutional Court Act, and ultimately, there is an unfair error in sentencing.

shall not be deemed to exist.

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