beta
(영문) 대법원 2019.11.28 2019도13563

업무상과실치사등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the violation of the Medical Service Act and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

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, or by misapprehending the legal doctrine on the establishment of a crime of violating the Medical Service Act and deception in fraud.

The Supreme Court precedents cited in the grounds of appeal are inappropriate to be invoked in this case because they differ from this case.

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