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(영문) 대법원 2016.06.28 2015도20472

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free conviction due to violating the logical and empirical rules, or by exceeding the bounds of free conviction doctrine, or by misapprehending the legal doctrine on “for profit” and “total amount of supply value, etc.” under Article 8-2(1) of the Act on the Aggravated Punishment, etc.

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