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(영문) 대법원 2018.05.11 2018도2630
의료법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of Defendant A’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court’s determination that Defendant A was guilty of the facts charged of this case on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine on

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant D, an appeal may be filed on the ground that the judgment of the court below was affected by mistake of a serious fact, only in the case where the punishment of death or imprisonment with or without prison labor for an indefinite term or for not less than ten

Therefore, in this case where the defendant D was sentenced to a more minor punishment, the argument that the court below's decision on the evidence selection and probative value or the fact-finding based on it is not a legitimate ground for appeal.

3. On the grounds of Defendant E’s appeal, an appeal may be filed on the ground that the judgment of the court below affected the conclusion of the judgment, or that the amount of punishment is extremely unfair, for the reason that the judgment of the court below was significantly unfair, only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced.

Therefore, in this case where a more minor sentence is imposed on Defendant E, the argument to the effect that the lower court’s judgment on the selection of evidence and probative value or the fact-finding based thereon is unreasonable is unreasonable without any justifiable grounds for appeal cannot be a legitimate ground for appeal.

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

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