상표법위반등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the judgment of the court below is unfair because there is a mistake of fact and there is a violation of the law that affected the conclusion of the judgment, and that the punishment of 1 year and 6 months imprisonment is too unreasonable.
2. Determination
A. Examining the instant case based on the evidence duly adopted and examined as to the assertion of misunderstanding of facts and legal principles, it is reasonable and acceptable for the court below to find the Defendant guilty of the instant facts charged as stated in its holding.
We cannot accept the allegation that there was a misunderstanding of facts or a misunderstanding of legal principles affecting the judgment of the court below.
According to the evidence of the prosecutor, it is recognized that the defendant introduced P and A to each other and sold transactions between them; the fact that it was difficult to examine the goods that can be sold by P to check whether the goods received from P are the corner of even a level; and the fact that the confirmed goods have been delivered by U.S.
A’s statement as well as the Defendant’s prosecutor’s statement is also such contents.
As such, the defendant has controlled the overall action that meets the requirements for the constitution of crime.
Therefore, we cannot accept the argument of the defense counsel at the trial that the delivery between accomplices is not guilty, or the defendant is not guilty.
B. The defendant seems to be against the illegal argument of sentencing, and his family and branch have appeal against the prior action.
However, the criminal liability of the defendant is not against the law.
The same criminal history has reached four times in consideration of the past (three times in punishment, one time in suspension of execution). Among them, the fine in 2012 was 5 million won in the year, and the fine in 2013 was 10 million won in the year.
Nevertheless, the defendant committed a second offense.
The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.
On the other hand, the defendant A is subject to suspended execution, and there is a difference between the nature of the crime and the circumstances, so it is necessary to maintain equality.