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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. In a case where there are several orders for the judgment, such as partial conviction, partial acquittal, etc., which is concurrently prosecuted for concurrent crimes within the scope of the judgment of this court, the part included in one of them may be separately appealed from other parts, and both parties shall be separately appealed. Thus, in a case where only the prosecutor appealed on the part of the concurrent crimes, the part of the judgment of the first instance which pronounced not guilty or partially guilty, and the part on which the defendant and the prosecutor did not appeal was not appealed, the part on which the judgment of the court of first instance became final and conclusive as the expiration of the appeal period, and the part on which the appellate court has not appealed is pending in the appellate trial. Accordingly, the part on which the verdict of
The lower court rendered a not guilty verdict on the fraud of each of the facts charged in the instant case against the Defendants, and convicted the remainder of the facts charged.
The prosecutor filed an appeal only against the acquittal portion, and the conviction portion became final and conclusive because both the defendant and the prosecutor did not appeal (on the date of the first trial of the trial of the first instance court, the prosecutor withdrawns an unreasonable assertion of sentencing, and the defendant withdrawn an appeal). The scope of the trial of this court is limited to the acquittal portion of the judgment below.
2. The summary of the grounds for appeal (misunderstanding of facts) Defendant B consistently made a statement that corresponds to the facts charged in the investigation agency and the court, and that Defendant B submitted X-ray films, etc. of the surgery patient in order to support his/her claim, and as a result of the Korea Medical Association’s entrustment of appraisal by the Korea Medical Association, it was confirmed that he/she arbitrarily pointed out nine patients, and that X-ray films were fabricated for two nine patients. According to the reply of inquiry by the Korea Medical Association on December 29, 2016, the photographs of the operation room are all fabricated or operated except for some patients.