beta
(영문) 서울동부지방법원 2015.11.06 2015노1112

상표법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the judgment is based on the following: (a) the Defendant committed a crime both and commits a crime, and the Defendant has no criminal history sentenced to imprisonment; (b) trademark infringement articles were seized and not distributed; and (c) whether the Defendant obtained profit from the instant crime is unclear; and (d) the situation in which the wife and the child should support the wife and the child.

However, in full view of the following circumstances: (a) the trademark infringement size of the trademark right is significant and the defendant did not receive a letter from the trademark right holder; and (b) the defendant has the criminal records of having been sentenced three times to a suspended sentence for the same crime; and (c) the crime of this case is committed under the suspension of the execution of the same kind of crime at the time when the grace period expires, the defendant has escaped for a considerable period; (b) the defendant has not presented special circumstances to change the sentence of the court below in the trial; and (c) other various circumstances that are conditions for sentencing, such as the defendant's age

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.