The grounds of appeal are as follows: (a) the Defendants conspired to establish a medical institution or to induce patients to a medical institution for commercial purposes without a doctor, etc.; and (b) the lower court erred by failing to exhaust all necessary deliberations and by misapprehending the relevant legal principles under the Medical Service Act, thereby finding the Defendants guilty; (c) so, the lower court’s judgment is unlawful.

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

In light of the record, even if examining the reasoning of the judgment below, the recognition of the facts exceeded the limit of free evaluation of evidence.

In light of such factual basis, the lower court did not err by misapprehending the relevant legal doctrine, which found the Defendants to have committed a violation of the Medical Service Act.

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