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(영문) 대법원 2016.04.28 2016도2199
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, while filing an appeal against the judgment of the first instance, the defendant asserted misunderstanding of the legal principles as to comprehensive crimes together with sentencing unfair, but withdrawn the grounds for appeal by misunderstanding the legal principles on the first trial date of the court below.

In such a case, the argument that the judgment of the court below is erroneous in the legal principles as to a single comprehensive crime cannot be a legitimate ground for appeal.

B. While examining the record, there is no error of law as alleged above in the judgment below.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the Defendant, the argument that the lower court’s punishment is too unreasonable is not a legitimate ground for appeal.

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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