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(영문) 대법원 2017.03.16 2016도4413
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court’s determination that all the charges (including modified parts) against the Defendant on the grounds stated in its reasoning is justifiable.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or omitting necessary judgment, or by misapprehending the legal doctrine on “for-profit” under Article 8-2(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the scope of the establishment of a single comprehensive crime, and the fluence crime, without exhaust all necessary deliberations.

In addition, according to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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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