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(영문) 대법원 2016.10.13 2016도9533
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 the grounds of appeal by Defendant A, B, and C, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed. Thus, the argument that the determination of punishment is unreasonable is not legitimate grounds of appeal.

2. As to the Defendant D’s grounds of appeal, the lower court found the Defendant guilty of all of the facts charged in the instant case on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, 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 exceeding the bounds of the principle of free evaluation of evidence, etc.

3. 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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