logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.01.10 2018도16221
의료법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Although examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court was justifiable to have convicted the Defendants of the facts charged in this case on the grounds stated in its reasoning, and did not err by violating the principle of clarity, or by infringing on the freedom of expression and the freedom of occupation, and thereby applying the statutes unconstitutional.

In addition, the defendants asserts to the effect that the sentence of the court below is more severe, and that limiting the cases where Article 383 subparagraph 4 of the Criminal Procedure Act can be considered as the grounds for appeal of unfair sentencing is against the constitutional provisions that stipulate the right of the people to be tried by the Supreme Court and are against the principle

However, Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds for appeal on the grounds of unfair sentencing cannot be deemed as a violation of Article 101(2) of the Constitution or the constitutional provision that limits the right of citizens to a trial by the Supreme Court or an unconstitutional provision contrary to the equality principle.

(see, e.g., Supreme Court Decision 2007Do1808, Apr. 26, 2007). Therefore, the Defendants’ aforementioned assertion is nothing more than the purport that the sentence imposed by the lower court is too unreasonable.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the Defendants, the argument that the sentencing of punishment is unreasonable

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

arrow