beta
(영문) 대법원 2021.02.25 2020도9352

독점규제및공정거래에관한법률위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

For the reasons indicated in its holding, the lower court convicted the Defendants of all the charges.

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 exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “unfair collaborative act” in violation of the Monopoly Regulation and Fair Trade Act, the principle of court-oriented trials and the principle of substantial direct deliberation, and the degree of burden of proof in administrative and criminal cases.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

Defendant

In this case where a more minor sentence is imposed against C Co., Ltd. and D, the argument that punishment is unfair because it is too unreasonable is not a legitimate ground for appeal.

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