logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2021.03.11 2021도160
사기등
Text

All appeals are dismissed.

Reasons

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

1. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment that found the Defendant guilty on the grounds that there was no proof of crime regarding the violation of the Pharmaceutical Affairs Act among the facts charged in the instant case and rendered a judgment of innocence.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on the establishment of a crime of violating the Pharmaceutical Affairs Act, contrary to the grounds of appeal.

2. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty of fraud among the facts charged in the instant case on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and 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, contrary to the grounds of appeal.

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

arrow