특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (the imprisonment of 6 months and the fine of 460 million won) is too unreasonable.
2. The lower court, based on its stated reasoning, sentenced the Defendant to the above-mentioned sentence.
Various circumstances favorable to sentencing alleged by the Defendant on the grounds of appeal, including the fact that the Defendant recognized all criminal facts and against his mistake, the fact that the Defendant appears to have caused the instant crime by the demand of clients, and the fact that the amount of actual profits acquired is not significant, are considered to have been determined by the lower court and sufficiently considered.
Defendant has been actively involved in the instant crime.
Even if punishment is imposed as a repeated crime, it is inevitable to sentence punishment.
In addition, taking into account the Defendant’s age, sex, health status, family relationship, means and consequence of the crime, and other various conditions of sentencing as shown in the instant pleadings, such as the circumstances after the crime, the lower court’s sentencing is larger than the reasonable scope of discretion.
It does not seem that there is no particular change in the conditions of sentencing in the trial, and it is reasonable to respect the sentencing of the court below.
Therefore, the defendant's argument of sentencing is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.