logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.12.15 2016도15806
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). The court below, on the grounds as stated in its reasoning, found that there was a profit-making objective at the time of performing the act as stated in the facts constituting the crime in the judgment of the court of first instance, and determined that there was a causal relationship between the defendant's treatment of the victim I and the injury of the victim, and rejected the

The allegation in the grounds of appeal is the purport of disputing such fact-finding by the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the lower

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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

arrow