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(영문) 대법원 2019.07.10 2019도4982
건강기능식품에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant A’s grounds of appeal, Defendant A appealed against the judgment of the first instance, and only asserted unfair sentencing as the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts cannot be a legitimate ground of appeal.

2. The lower court affirmed the first instance judgment convicting Defendant B of the facts charged against Defendant B, on the grounds indicated 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 misapprehending the legal doctrine regarding the “medical act” and the lawful act in violation of the Medical Service Act, contrary to what is alleged in the

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing

Defendant

In this case where a more minor sentence is imposed on B, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

3. Defendant C did not submit a statement of the grounds of appeal within the submission period, and Defendant C did not state the grounds of appeal in the petition of appeal.

4. 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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