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(영문) 대법원 2020.06.25 2020도2298
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

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

In such a case, the argument that the judgment of the court below is against the rules of evidence cannot be a legitimate ground for appeal.

2. As to the grounds of appeal by Defendant C, the lower court convicted Defendant C of the facts charged against Defendant C (excluding the part not guilty in the grounds for appeal) on the grounds as stated in

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the purpose of profit-making, processing transaction, intent, or mistake of illegality in the crime of violating the Act on the Aggravated Punishment

3. As to the grounds of appeal by Defendant D Co., Ltd., the lower court convicted Defendant D Co., Ltd. of the facts charged (excluding the acquittal portion) on the grounds as stated in its reasoning

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment, intent, and joint penal provisions of the Punishment

4. 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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