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(영문) 대법원 2013.11.14 2013도5412
조세범처벌법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the Defendants guilty of the facts charged in this case on the grounds as stated in its reasoning is justifiable, and there is no error of law of logic and experience and free evaluation of evidence, thereby exceeding the bounds of the principle of free evaluation of evidence.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed shall be subject to an appeal on the grounds of unfair sentencing. Thus, in this case where a fine has been imposed on Defendant B, the argument that the above Defendant’s punishment is too unreasonable cannot be deemed

Furthermore, even in examining records, the lower court did not err by misapprehending the legal doctrine as alleged by the Defendant.

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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