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(영문) 대법원 2013.09.27 2013도7953
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below was just in finding Defendant A guilty on the grounds as stated in its reasoning, and there were no errors in the misapprehension of legal principles as to the "for profit" or the number of crimes under Article 8-2 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, by failing to exhaust all necessary deliberations, by exceeding the bounds of the principle of free evaluation

Meanwhile, under 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 not less 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 Defendants, the argument that the sentencing of the sentence is unreasonable

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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