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(영문) 대법원 2020.03.12 2019도18958
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the Defendant of the charges.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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 misapprehending the legal doctrine on the interpretation of Article 33(2) of the Medical Service Act.

The argument that the lower court erred in the misapprehension of the legal principles as to aggravation of repeated crime is alleged in the ground of appeal, since the Defendant considered it as the ground of appeal or the lower court did not consider it as being subject to ex officio. Therefore, it cannot be a legitimate ground

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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