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(영문) 대법원 2017.04.13 2016도12161
의료법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning for Defendant B’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant B guilty of violating the Medical Technicians, etc. Act on June 25, 2013 among the facts charged in the instant case against Defendant B, on the grounds indicated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the scope of duties of dental technicians, etc. under the Medical Technicians, etc. Act and the Enforcement Decree thereof, contrary to what is alleged in the grounds of appeal.

2. Examining the reasoning of the judgment below in light of the records, it is just for the court below to reverse the judgment of the court of first instance which found Defendant B guilty on the grounds that there was no proof of criminal facts as to the remainder of the charges of this case except for the violation of the Medical Technicians, etc. Act on June 25, 2013 among the charges of this case against Defendant B, and the charges of this case against Defendant A. There is no error of law by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the legal principles as to both punishment provisions, contrary to what is alleged in the grounds of appeal.

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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