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(영문) 대법원 2017.06.19 2017도4634
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant’s grounds for appeal, the lower court was justifiable in determining that the lower court convicted the Defendant of the violation of the Act on Cooperation in Consumer Life among the facts charged in the instant case, the violation of the Medical Service Act due to the establishment of non-medical personnel, and the fraud against the victim. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by exceeding the relevant legal doctrine, or by violating the principle of

2. Examining the reasoning of the lower judgment regarding the prosecutor’s appeal in light of the record, it is justifiable for the lower court to reverse the first instance judgment convicting the Defendant of the instant facts charged (excluding the portion guilty in the lower judgment) on the grounds stated in its reasoning and to have rendered a not-guilty verdict, on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations as well as by exceeding the bounds of the principle of free evaluation of evidence,

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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