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(영문) 대법원 2015.02.26 2014도17458

특정범죄가중처벌등에관한법률위반(조세)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the changed facts charged in this case guilty on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on "for profit" under Article 8-2 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes or by omitting judgment, or by misapprehending the legal principles on "for profit" or omitting judgment.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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