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(영문) 대법원 2020.02.13 2019도15520

의료법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant A’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less

Defendant

In this case where a minor sentence is imposed against A, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. As to the grounds of appeal by Defendant B and C, the lower court convicted Defendant B and C of the charges on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine

3. As to the Defendant F’s grounds of appeal, the lower court convicted Defendant F of the facts charged against Defendant F 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 by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, misapprehending the legal doctrine on the determination of probative value of evidence, or by infringing on the right to fair trial or omitting necessary judgment.

The allegation that the lower court erred by misapprehending the legal doctrine on the specification of the facts charged is not a legitimate ground for appeal, as it is alleged by Defendant F to the effect that it did not constitute grounds for appeal or that the lower court did not make ex officio decisions.

Furthermore, even if examining the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the specification of the facts charged.

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