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(영문) 대법원 2014.04.24 2013도13294
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

All appeals are dismissed.

Reasons

The Defendants’ grounds of appeal are examined together (to the extent of supplement in case of supplemental appellate briefs not timely filed by Defendant A).

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 Defendants guilty of all the facts charged. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the legal principles as to the elements for establishing a joint principal offender.

In addition, under 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 not less 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 Defendants, the argument that the sentencing of punishment

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

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