상표법위반등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
Seized evidence 3 or 4 shall be confiscated.
1. The decision of the court below (the decision of the court below No. 1: imprisonment with prison labor for 1 year and 6 months, confiscation, and 2: imprisonment with prison labor for 8 months) against the defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the court of the first instance decided to hold the defendant together with each appeal case by the court below against the defendant. Each of the offenses in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.
Therefore, the judgment of the court below cannot be maintained as it is.
3. Thus, the judgment of the court below is reversed ex officio as seen earlier, without examining the defendant's unfair argument of sentencing, and all the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the following is ruled again after pleading. Since the scope of liability for compensation is not clear, the application for compensation order filed by the applicant for compensation is dismissed pursuant to Articles 32 (1) 3 and 32 (2) and 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
【The reasoning of the judgment in its entirety] The criminal facts and the summary of the evidence against the defendant recognized by the court in this case are as follows. Of the criminal facts of the first instance judgment, the defendant's last 1st page of the original judgment among the criminal facts of the first instance judgment is dismissed as "delivery and sale," and except that the defendant's third 14th page of the original judgment in the summary of the evidence is "the copies of the business place" as "the copies of the business place", and thus, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 93 of the pertinent Act on criminal facts, Articles 66(1)2 and 4 of the Act on the Selection of Punishment (hereinafter referred to as "trademark infringement"), Article 347(1) of each Criminal Act (hereinafter referred to as "act of fraud"), Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement) of the Criminal Act, and Article 355 of the Criminal Act.