beta
Cases
2018Do2630 Violation of the Medical Service Act
Defendant
1. A;
2. D;
3. E.
Appellant
Defendants
Defense Counsel
Law Firm F, Attorney G (for Defendant A)
L Law Firm, Attorney M (Defendant E)
Judgment of the lower court
Seoul Western District Court Decision 2017 902 Decided January 18, 2018
Imposition of Judgment
May 11, 2018
Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to Defendant A’s ground of appeal
Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the facts charged in this case was guilty on the grounds stated in its reasoning, and there was no error of misapprehending the legal doctrine on the blanket crime, contrary to what is alleged in the grounds of appeal
2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant D’s grounds of appeal, an appeal may be filed on the ground that the judgment of the court below has affected the conclusion of the judgment on the grounds that there was a grave mistake of facts in the judgment of the court below, only in the
Therefore, in this case where a more minor sentence is imposed against Defendant D, the argument that the court below erred in its judgment on the selection of evidence and probative value or its factual findings based on it is not a legitimate ground for appeal.
3. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant E’s grounds of appeal, an appeal may be filed on the grounds that the judgment of the court below affected the judgment due to grave mistake of facts or that the amount of punishment is extremely unfair.
Therefore, in this case where a more minor sentence is imposed on Defendant E, the argument or the argument to the effect that the court below's decision on the selection of evidence and probative value or the fact-finding based thereon is unreasonable is not a legitimate ground for appeal.
4. Conclusion
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jae-young
Justices Jo Hee-de
Justices Kim Jae-tae
Justices Kim Jae-in
Justices Min You-sook of the District Court