(영문) 수원지방법원 2017.05.29 2016노8581 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2017.05.29 2016노8581

조세범처벌법위반

Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found Defendant (1) guilty on the following grounds: (a) No. 10, 14, and No. 2, 3, and 8 of the annual year among the list of crimes in the attached Form No. 10, 14, and the list of crimes (2) in the judgment of the court below is erroneous in the misapprehension of facts.

(2) The sentence of the lower court (6 months of imprisonment, 2 years of suspended execution) that was unfair in sentencing is too unreasonable.

B. According to the evidence submitted by the prosecutor (as to the portion not guilty), the court below found the not guilty guilty of the portion, but found the not guilty guilty of the portion. The court below erred by mistake of facts.

Since the prosecutor did not make any unfair argument about sentencing through the petition of appeal and the statement of reasons for appeal, and the first trial date of the first trial in which the time limit to submit the statement of reasons for appeal has passed, he/she shall only make a decision on the ground of appeal on the basis of mistake

2. Determination

A. In light of the records, a thorough examination of the evidence duly adopted and examined by the court below and the court below as to the defendant's assertion of mistake of facts is justified in finding the defendant guilty of this part of the facts charged on the grounds as stated in its holding, even if considering the circumstances alleged by the defendant, and there is an error of law by mistake of facts as alleged by the defendant.

Therefore, the defendant's above assertion is without merit.

B. A thorough examination of the evidence duly adopted and examined by the court below regarding the prosecutor's assertion of mistake in the facts in light of the records, the court below's determination that this part of the facts charged constitutes a case where there is no proof of crime, is just and acceptable, and there is an error of law as alleged by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

(c)

The defendant's argument that sentencing is unfair is judged.

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