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(영문) 대법원 2014.11.13 2014도11518
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the lower court determined that there was no actual scrap metal transaction between G and E with respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (issuance of False Tax Invoice, etc.) among the facts charged in the instant case, and rejected the Defendant’s allegation of grounds

The allegation in the grounds of appeal disputing such judgment of the court below is merely an error of the judgment on the evidence selection and probative value, which belong to the free judgment of the court of fact-finding, and the court below did not err by exceeding the bounds of the principle of free evaluation of evidence, even if examining the reasoning of the judgment below in light of

In addition, pursuant to 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 more 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 defendant, the argument that the punishment is too unreasonable cannot be

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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