logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.09.13 2017도16963
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds indicated in its reasoning, the lower court acquitted the Defendants on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance of false tax invoices), among the facts charged in the instant case, on the grounds as indicated in its holding, and sentenced the Defendants not guilty on the violation of the Punishment of Tax Evaders Act due to submission of a list of total tax invoices by each false seller on October 24, 201 and on January 19, 2013, and sentenced the Defendants not guilty on the violation of the Punishment of Tax Evaders Act. (3) On the grounds indicated in its holding, the lower court acquitted the Defendants on the violation of the Punishment of Tax Evaders Act due to the submission of a list of total tax invoices by each false seller on January 24, 2011, and sentenced the Defendants not guilty on the charges of violation of the Punishment of Tax Evaders Act (1) of attached Table 1 of the lower judgment’s judgment’s issuance of a false tax invoice

The judgment below

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.

The lower court did not err by misapprehending the legal doctrine on the number of crimes committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, without exhausting all necessary deliberations, as alleged in the grounds of appeal, by misapprehending the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on the number of crimes committed in violation of the Act

2. Meanwhile, the prosecutor appealed against the entire judgment of the court below, but with respect to the guilty portion, the prosecutor did not state the grounds of appeal against it in the petition of appeal or the appellate brief.

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

arrow