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(영문) 대법원 2015.04.09 2015도78
의료법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the legal doctrine at the time of the original adjudication and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on legitimate acts, contrary to what is alleged in

Meanwhile, according to the records, the defendant appealed against the judgment of the court of first instance, and asserted a misapprehension of the legal principles as to the legitimate act, the principle of no crime without the law, and the principle of proportionality as the grounds for appeal, but withdrawn the remaining grounds for appeal except for the misapprehension of the legal principles as to the legitimate act

In such a case, the argument that the judgment of the court below has legal principles as to the principle of no punishment without the law and the principle of proportionality is not a legitimate ground for appeal.

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

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