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(영문) 대법원 2013.07.25 2013도2167
특허법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendants guilty of all the charges of this case on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the legal principles on the violation

Meanwhile, the argument that the judgment of the court below erred in the sentencing criteria constitutes the argument of unfair sentencing.

However, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where both the Defendants were sentenced to a fine, the allegation that the amount of punishment is unreasonable

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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