특정범죄가중처벌등에관한법률위반(조세)등
All appeals are dismissed.
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted, the lower court is justifiable to have convicted Defendant A of all of the charges on the following grounds: (a) violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “The Aggravated Punishment Act”) among the charges charged against Defendant A; (b) violation of the Aggravated Punishment, etc. of Specific Crimes Act (such as issuing a false tax invoice); (c) violation of the Punishment of Tax Evaders Act; (d) violation of the Aggravated Punishment, etc. of Specific Economic Crimes Act
In doing so, the court below did not err by misapprehending the legal principles as to joint principal offenders by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles.
2. According to the records on the grounds of Defendant G’s appeal, Defendant G appealed appealed against the judgment of the first instance, and asserted that Defendant G was erroneous on the grounds of sentencing on the grounds of appeal, but revoked the grounds of appeal for mistake of facts on the first trial date of the lower court.
In such a case, the argument that the lower court erred by mistake of facts is not a legitimate ground for appeal.
In addition, according to Article 383, Paragraph 4 of the Criminal Procedure Act, only the cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been pronounced can be appealed on the grounds of unfair sentencing.
Therefore, in this case where the defendant G was sentenced to a more minor sentence, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.