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(영문) 대법원 2015.07.09 2015도6371
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced
Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the court below simply contests the fact-finding does not constitute a legitimate ground of appeal as provided in the above provision.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.