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(영문) 대법원 2016.05.24 2015도15778
의료법위반등
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 both the charge of violating the Medical Service Act and the charge of fraud (except for the portion of non-indicted 1) against Defendant A among the modified facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free

2. On the grounds of the prosecutor’s appeal, the lower court affirmed the first instance judgment that acquitted Defendant A on the ground that there was no proof of crime regarding the fraud listed in the attached Table II of the crime sight table II among the modified facts charged in the instant case, on the grounds stated in its reasoning.

The judgment below

In light of the records, the above judgment of the court below is just and acceptable, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but the notice of appeal does not state the grounds for appeal, and there is no statement of the grounds for appeal.

3. 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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