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(영문) 대법원 2016.03.24 2015도8345
업무상과실치상등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the defendant's appeal, the defendant did not submit a written reason for appeal within the statutory period, and the notice of appeal does not indicate the reason.

2. As to the reasons for the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant on the ground that the instant facts charged constituted a case where there is no proof of crime regarding the violation of the Medical Service Act among the instant facts charged, and sentenced the Defendant not guilty.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state specific reasons in the petition of appeal as to the conviction and did not state the reasons for appeal.

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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