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(영문) 대법원 2020.06.25 2020도2435
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court determined that the statute of limitations has expired for the part No. 4 of the crime list in the judgment of the first instance among the facts charged in the instant case, on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on acquittal.

2. As to the Defendant’s grounds of appeal, the lower court upheld the first instance judgment convicting the Defendant of the instant facts charged (excluding the part concerning the grounds for appeal) on the grounds indicated in its reasoning.

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 against logical and empirical rules, or by misapprehending the legal doctrine on willful negligence.

In addition, the argument that there is a misunderstanding of the legal principles on an offense subject to victim's complaint is not a legitimate ground for appeal, as it is asserted by the defendant only when it comes to the final appeal that the court below did not consider it as

Furthermore, even if examining, the lower court did not err by its judgment.

3. 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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