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(영문) 대법원 2015.06.11 2015도5052
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

If the fine imposed on the accused was reduced more than the first instance court, it cannot be said that the sentence was modified disadvantageously considering the whole, even if the period of detention in the workhouse was more than the first instance court.

(1) In the instant case where only the Defendant appealed against the judgment of the first instance that ordered the custody of the Defendant in the workhouse for the period converted into one day when a fine of KRW 70 million was imposed and the said fine was not paid (see, e.g., Supreme Court Decision 2000Do3945, Nov. 24, 2000). Accordingly, in the instant case where only the Defendant appealed against the judgment of the first instance that ordered the custody of the Defendant in the workhouse for the period converted into one day, the lower court converted the amount of KRW 1,320,000 into one day when the lower court sentenced

Even if there is no error in violation of the principle of prohibition of disadvantageous change.

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

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