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(영문) 대법원 2018.01.25 2017도17456

보건범죄단속에관한특별조치법위반(부정의약품제조등)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have determined that Defendant A was guilty of violating the Act on Special Measures for the Control of Public Health Crimes (the manufacture of illegal medicine, etc.) among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine

2. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have found Defendant B guilty of violating the Act on Special Measures for the Control of Health Crimes Caused by Manufacturing and Selling Illegal Medicines among the facts charged in the instant case against Defendant B, on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the reinforcement of confession and the manufacturing of pharmaceutical products.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.