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(영문) 대법원 2019.06.13 2019도3181

의료법위반등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendants on all of the charges on the ground that there was no proof of crime as to the part as indicated in the attached Table 2 Nos. 4 through 26, 31 through 55, and 63 through 65, among the facts charged against the Defendants, among the facts charged against the Defendants, the fact of the violation of the Medical Service Act among the facts charged against the victims, the fact of the fraud against the

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not exhaust all necessary deliberations, but did not err 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 and operation of a medical institution by a non-medical person.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state the grounds of objection in the petition of appeal or appellate brief concerning the guilty portion.

2. As to the Defendant A’s grounds of appeal, the lower court convicted Defendant A of the charge of fraud related to the fraud (excluding the part not guilty of the order) among the charges charged against Defendant A, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on co-principal.

3. As to Defendant B’s grounds of appeal, Defendant B did not submit the grounds of appeal within the submission period, and Defendant B did not state specific grounds of appeal in the petition of appeal.

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

참조조문