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(영문) 대법원 2017.10.26 2017도11619

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the judgment of the court below erred in violation of law or omission of judgment is not a legitimate ground for appeal.

In addition, the court did not impose legal restrictions except for those subject to Articles 69(2) and 70(2) of the Criminal Act in determining the period of detention in a workhouse where the defendant did not pay a fine. Therefore, the court did not err by calculating the period of detention in a workhouse of the court below, as alleged in the ground of appeal.

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