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(영문) 대법원 2016.03.24 2016도1020
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence of this case, the lower court was justifiable to have determined that all of the facts charged against the Defendant was guilty on the grounds indicated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the relevant legal principles.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is sentenced, and thus, the argument that the amount of punishment is unfair is unfair is not a legitimate ground for appeal.

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

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