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(영문) 인천지방법원 2016.05.12 2015노4173

상표법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (eight months of imprisonment, two years of suspended sentence, and 80 hours of community service) is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects the mistake, and that the defendant has no record of being sentenced to punishment exceeding the same criminal record or fine.

However, the crime of this case is imported by the defendant about KRW 400 million in the market price of the authentic product. The crime of violation of the Trademark Act is a crime that infringes the right of the registered trademark right holder and seriously disturbs the trade order in the market. The defendant's liability is heavy; the quantity of counterfeit product provided for the crime and the market price of the authentic product is substantial; and the defendant's age, sexual behavior, motive, means and consequence of the crime of this case; and all other circumstances that are the conditions for sentencing, such as the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

참조조문