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(영문) 대법원 2020.12.10 2020도9220
상표법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court found Defendant A guilty of the facts charged of this case and collected KRW 21,078,00 from Defendant A, and KRW 330,425,00 from Defendant B, respectively.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on additional collection.

According 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a minor sentence is imposed against the Defendants, the assertion that punishment is too unreasonable cannot be deemed 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.

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