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(영문) 대법원 2018.03.13 2017도21568
의료법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found Defendant A guilty of the part No. 1 and No. 4 of the attached Table 3 of the judgment of the first instance court among the facts charged in the instant case against Defendant A.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court did not err in its judgment by misapprehending the legal doctrine on the inclusive crime or the statute of limitations, as alleged in the grounds of appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed on the ground that the judgment of the court below has affected the conclusion of the judgment, only in cases where the punishment of death or imprisonment with or without prison labor for life or for not less than ten years has been pronounced.

Therefore, in this case where a fine is imposed on Defendant B, the argument that only the lower court’s finding of facts is not a legitimate ground of appeal, as a result of the violation of the rules of evidence and mistake of facts.

3. The Defendants’ final appeal is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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