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(영문) 대법원 2016.11.10 2016도12805
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment as to Defendant A and I’s grounds of appeal, the lower court is justifiable to have determined that the Defendant A and I was guilty of evading compulsory execution among the facts charged in the instant case for reasons indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending

2. Examining the reasoning of the lower judgment as to Defendant G’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the lower court convicted Defendant G of the charge of occupational embezzlement, the charge of aiding and abetting private documents, and the use of the falsified document, 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 and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, by misapprehending the legal doctrine

Meanwhile, the ground of appeal purporting to the effect that the lower court erred by misapprehending the legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, is not a legitimate ground of appeal, since Defendant G’s ground of appeal or the lower court’s judgment did not make it subject to a judgment ex officio.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

3. As to the prosecutor's grounds of appeal

A. Examining the reasoning of the lower judgment in light of the record as to the grounds of appeal against Defendant A, the lower court, on the grounds stated in its reasoning, acquitted the Defendant on the remainder of the facts charged in the instant case, excluding the guilty portion against Defendant A.

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