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(영문) 대법원 2019.06.13 2018도19363

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the Defendant, the lower court, on the grounds of its stated reasoning, found the Defendant guilty of the fraud, fraud, and fraud listed in the Attached Table 1 of Crimes List 1 cited by the lower court among the facts charged in the instant case, and of violation of the Pharmaceutical Affairs Act by medical technicians, etc.

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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on the rules of evidence.

2. On the grounds of appeal by the prosecutor, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime as to the remaining fraudulent aiding and abetting, except the aforementioned guilty portion among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the record, the lower court did not err 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 on the admissibility of evidence and the

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