beta
(영문) 울산지방법원 2017.02.10 2016노1789

상표법위반

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment of 2 years and 6 months, and the defendant corporation B shall be punished by a fine of 10,00,000 won.

Reasons

1. The sentence of the lower court against the Defendants on the summary of the grounds for appeal (2 years and six months of imprisonment, and fines of 20 million won in case of Defendant B) is too unreasonable.

2. The judgment of the court below is that: (a) the period of infringement of the victim’s trademark registered by the defendant A was a considerable period of time; (b) sales from the sale of the victim’s trademark was considerably more than KRW 2.1 billion; and (c) the victim appears to have suffered considerable economic damage due to the crime of this case; (d) the defendants were at a disadvantage to the defendants; or (e) they appear to have been aware of their criminal liability when they were in a trial; (e) the defendants A had no record of criminal punishment prior to the instant case; and (e) there was a dispute between the defendants and the victim regarding the amount of damages suffered by the victim due to the instant crime; (b) the defendants were to have made efforts to recover damages by depositing the victim’s trademark for the victim (the victim submitted a letter of consent to recovery on the grounds that the amount was not sufficiently compensated for damages suffered by the victim; and (e) the defendant did not know about the age, character, environment, motive, motive, and motive of the crime after the second trial, the court below’s allegation that the above facts and the defendant’s allegation were justifiable.

We examine the case, at the original court and the first instance court, lawfully.