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(영문) 부산지방법원 2015.09.18 2015노2089
조세범처벌법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was suffering from assistance, and due to this, the Defendant was either deprived of or weak in the ability to discern things or make decisions.

B. The sentence of the judgment of the court below on unreasonable sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. In light of the evidence duly admitted and examined by the court below, the defendant is deemed to have suffered from both polar disorders and WIG disorders at the time of committing the crime of this case, but in light of the circumstances leading to the crime of this case, the method and method of committing the crime of this case, and the circumstances after committing the crime, the defendant did not have the ability to discern things or make decisions.

Since it cannot be seen that the defendant was in a state or weak condition, this part of the defendant's assertion is without merit.

(B) As of January 14, 2015, the Defendant was unable to visit the hospital for about one year prior to the date of the examination submitted by the Defendant, and the treatment was discontinued.

In full view of the reasoning of the judgment below on the assertion of unfair sentencing, the defendant has a significant number of records of punishment including three times of imprisonment, the defendant committed the crime of this case without being punished during the period of repeated offense, the supply price of the tax invoice issued or issued falsely by the defendant is a total of 2.6 billion won, the punishment of the judgment below is in compliance with the sentencing guidelines, the defendant's age, family relationship, career, and all other matters concerning the sentencing specified in the records and arguments of this case, the sentence of the judgment below is reasonable, and therefore there is no reason for this part of the defendant's assertion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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