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(영문) 대법원 2013.07.11 2012도15772
독점규제및공정거래에관한법률위반
Text

The appeal is dismissed.

"Application of statutes" in the judgment of the court of first instance shall be "applicable to the facts of crime".

Reasons

The grounds of appeal are examined.

Examining the records in light of the relevant legal principles, the court below’s finding the Defendant guilty of the instant facts charged on the grounds as stated in its reasoning is acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the degree of restriction on competition of, and the degree of proof for, unfair collaborative acts.

Therefore, the appeal shall be dismissed, and since it is obvious that some of the "applicable laws and regulations" in the judgment of the court of first instance has been omitted by mistake, it shall be corrected to add it pursuant to Article 25 (1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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