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(영문) 대법원 2018.08.01 2018도6681
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have found the Defendant guilty of the modified facts charged (excluding the portion not guilty of the grounds for appeal) on the grounds stated in its reasoning.

In addition, there is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance of false tax invoices) without exhausting all necessary deliberations as alleged in

Meanwhile, if the judgment of the court below has a ground for requesting a retrial, it may be the ground for appeal, and the "when clear evidence is newly discovered" to recognize the innocence, etc. against the person who has been pronounced guilty becomes the ground for requesting a retrial.

However, reference materials submitted by the Defendant along with the written reason for appeal cannot be seen as “clear evidence to acknowledge crimes without charge,” and this part of the ground for appeal is without merit.

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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