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(영문) 대법원 2014.04.24 2014도1414
배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A and his defense counsel, first of all, we examine the violation of the Medical Service Act among the facts constituting an offense when Defendant A was tried.

Where a defendant has lodged an appeal against the judgment of the first instance on the sole ground of unfair sentencing, the appellate court may not make a mistake of facts or misapprehension of legal principles, etc. as

(2) According to the records, the defendant A appealed only the facts charged in the judgment of the court of first instance on the ground of unfair sentencing. Thus, the defendant and his defense counsel's allegation of mistake of facts or misapprehension of legal principles that only the facts charged in the judgment of the court of first instance should reach the final appeal cannot be a legitimate ground of appeal.

Defendant

A The remainder of the criminal facts except for the violation of the Medical Service Act shall be considered as the original adjudication on A.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below is just to have found Defendant guilty of this part of the facts charged on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below 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, or by misapprehending

2. As to Defendant B’s grounds of appeal

A. As to the ground of appeal No. 1, as alleged in the grounds of appeal, it cannot be revealed in the records as to whether the procedural violation or abuse of the right to direction the lawsuit was committed, and even if there were such circumstances as alleged in the grounds of appeal, it is difficult to view that such direction was remarkably unfair or inappropriate, and thus illegal.

Therefore, this part of the ground for appeal is rejected.

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