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(영문) 서울동부지방법원 2017.03.15 2016노2113

조세범처벌법위반

Text

The defendant's appeal is dismissed.

In all of the columns of the lower judgment, “The Defendant shall be punished on May 14, 2015.”

Reasons

On January 12, 2017, the Defendant was notified of the receipt of the record of trial, but failed to submit a legitimate statement of reasons for appeal within the submission period, and the petition of appeal does not contain reasons for appeal, and the records are examined ex officio, and there is no reason for reversal of the judgment below. Thus, the Defendant’s appeal is dismissed in accordance with Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, and the judgment below became final and conclusive on May 22, 2015, on the following grounds: “The Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Tax Offenses Act at the Seoul East District Court on May 14, 2015 and was sentenced to a suspension of execution for four months on May 22, 2015.

“The summary of the evidence is that the omission in the entry of “1. Court Decision (No. 10 No. 5 of the evidence list)” and “1. The custody at the Nowon Station” in the upper order of “1. Concurrentness” and “1. The detention at the Nowon Station” is obvious that the omission in the entry of “1. Concurrent Crimes” is a clerical error by mistake. Thus, it is so decided as per Disposition by the assent of all participating Justices to correct it ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure.

March 15, 2017