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(영문) 대법원 2018.11.09 2018도14444
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Article 70(2) of the Addenda to the Criminal Act that Article 2(1) of the Criminal Act (amended by Act No. 12575, May 14, 2014) that Article 70(1) of the Criminal Act (amended by Act No. 12575, supra) that Article 2(1) of the Addenda to the Criminal Act (amended by Act No. 12575) shall apply to the case where the first public prosecution is instituted after the enforcement date of Article 70(2) of the Criminal Act

The argument is asserted.

However, the lower court determined the same amount as the conversion amount of the sales decision subject to review within the scope of the sentencing discretion when determining the conversion amount of the value of the Nowon Station in applying Article 70(1) of the Criminal Act to the criminal act committed by the Defendant prior to the enforcement of Article 70(2) of the Criminal Act regarding the detention of the Nowon Station.

Even if such judgment of the court below is inconsistent with the purport of the above unconstitutionality decision, which is too heavy punishment.

shall not be deemed to exist.

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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