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(영문) 대법원 2017.03.15 2016도10090
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendants’ grounds for appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the Defendants were guilty of all of the facts charged (excluding the portion of innocence) in this case on the grounds as indicated

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, by misapprehending the legal doctrine on the establishment of a crime of violating the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers), or by omitting judgment

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have acquitted the Defendants on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in the instant case, on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, the appeal did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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

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