logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.10.04 2018도11769
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for appeal by Defendant A, the lower court found Defendant A guilty on the facts charged of the instant case (excluding the portion of non-crimes and dismissal of prosecution) against Defendant A on the grounds as indicated in its reasoning, and accepted the prosecutor’s unfair appeal for sentencing, and reversed the conviction part against Defendant A among the judgment of the first instance, and sentenced Defendant A more severe punishment than the first instance court.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the principle of evidence trial and strict certification, the principle of free evaluation of evidence, and the principle of liability, as alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted, the lower court, on the grounds indicated in its reasoning, determined that Defendant B was guilty of the instant facts charged (excluding the part not guilty of the grounds for appeal), and reversed the judgment of the first instance that acquitted the Defendant B, and sentenced the Defendant guilty. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation contrary to logical and empirical rules, or by exceeding the bounds of the principle of free evaluation contrary to the logical and empirical rules, or by misapprehending the legal doctrine

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow