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(영문) 대법원 2017.05.11 2017도2280
의료기기법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning for Defendant B and C’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 is justifiable to have determined that the instant facts charged against Defendant B and C were guilty on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine as to the medical devices, medical law, or legitimate act, or omitting judgment.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant A, only in a case where the death penalty, imprisonment for life, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed for the reason that the judgment of the court below had affected the judgment

Therefore, Defendant A’s allegation of the grounds of appeal, which misleads Defendant A of facts or misleads the legal principles, is nothing more than disputing the lower court’s determination on the choice of evidence and probative value, or finding facts based thereon, and thus, cannot be a legitimate ground of appeal.

3. 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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