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(영문) 대법원 2018.03.15 2018도200
특정범죄가중처벌등에관한법률위반(조세)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the grounds of Defendant C’s appeal, Defendant C appealed appealed against the judgment of the first instance, and only asserted the illegality of sentencing on the grounds of appeal.

In such a case, the argument that the lower court did not review the lower judgment, and that there was a violation of the rules of evidence, or a mistake of fact, is not a legitimate ground for appeal.

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 has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where Defendant C was sentenced to a minor punishment, the argument that the amount of punishment is unfair is not legitimate grounds for final appeal

2. Examining the reasoning of the lower judgment on the grounds of Defendant N’s appeal in light of the evidence duly admitted, the lower court was justifiable to have determined that Defendant N was guilty of this case’s facts charged (excluding the part dismissing public prosecution) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical

According 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 not less than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a minor sentence is imposed against Defendant N, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

3. 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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