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(영문) 대법원 2013.11.14 2013도11274
의료법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal.

In this case, the argument that the lower court erred by applying the legal provisions in the Constitution does not constitute a legitimate ground for appeal.

Furthermore, we cannot accept the argument in the grounds of appeal that Article 82 (1) of the Medical Service Act is unconstitutional.

In addition, pursuant 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. As such, the argument that the amount of punishment is unreasonable cannot be a legitimate ground for appeal.

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

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