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(영문) 대법원 2017.05.31 2017도3391
의료법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of the modified facts charged (except for the portion not guilty of the grounds for appeal) on the grounds indicated in its reasoning. In so doing, the lower court did not err by misapprehending the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the specification of the facts charged, modification of indictment

2. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have found the Defendant not guilty on the grounds that there was no proof of the changed facts charged (excluding the portion guilty) in the instant case for the reasons indicated in its reasoning. In so doing, it did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules, as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate the grounds of appeal against the petition of appeal or the reasons 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.

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