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(영문) 대법원 2018.07.20 2018도7469
무고등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A and C’s grounds for appeal in light of the relevant legal doctrine and the evidence duly admitted, the lower court, on the grounds stated in its reasoning, found Defendant A and C guilty of all the facts charged in the instant case, did not err by misapprehending the legal doctrine regarding Article 33(2) of the Medical Service Act, or by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

2. According to the records on the grounds of Defendant B’s appeal, Defendant B appealed against the judgment of the first instance, and only asserted the sentencing on the grounds of appeal.

In such a case, the allegation that the lower court erred by mistake of facts or by misapprehending the legal doctrine is not a legitimate ground for appeal.

3. 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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