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(영문) 대법원 2014.12.24 2014도13370
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding Defendant C and G guilty of all the charges of this case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the court below 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 principles

In addition, the argument that the judgment of the court below contains an error of misconception of facts is ultimately an unreasonable sentencing argument.

However, 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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