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(영문) 대법원 2020.06.25 2020도4791
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “for-profit purposes” in the crime of violation of the Act on the Aggravated Punishment, etc.

The argument that the judgment of the court below contains an error of law as to the specification of the facts charged is not a legitimate ground for appeal, as it is asserted by the defendant only when it comes to the final appeal that there was no ground for appeal or that the court below did not consider

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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