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(영문) 수원지방법원 2014.07.11 2014노2962

상표법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months sentenced by the court below is too unreasonable.

2. The Defendant: (a) took a depth of his mistake; and (b) closed down the store where products violating the Act were sold.

Although it is the same previous department, there is no other crime force except once a fine is imposed in 2007.

In full view of all the circumstances, such as the trading period of the violating product, the degree of circulation, or the considerable period of time (59 days), the Defendant’s age, character and conduct, the environment, the circumstances and details leading to the instant crime, and the circumstances after the crime, etc., the punishment for six months sentenced by the lower court is too heavy.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 93 of the relevant Act concerning criminal facts, and Article 30 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of grounds for reversal);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 97-2 (1) of the Trademark Act that is confiscated;