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(영문) 수원지방법원 2013.03.28 2013노114

상표법위반

Text

Defendant

The appeal filed by A and the prosecutor shall be dismissed respectively.

Reasons

Summary of Grounds for Appeal

Defendant

A The sentence of the lower court (one year of imprisonment, confiscation) against Defendant A is too unreasonable.

The sentence of the lower court against the Defendant B by the public prosecutor (limited to eight months of imprisonment, two years of suspended execution, two years of probation, one hundred and twenty hours of social service, confiscation) is too unfluent and unreasonable.

Judgment

Defendant

A’s argument is divided in depth into a defendant’s mistake, and the situation where his livelihood is difficult due to detention is taken into account. However, even though the defendant was sentenced to a suspended sentence of two years for a same crime in August 2010, the defendant committed the crime under paragraph (1) of the judgment of the court below during the suspended execution period, and again, committed the crime under paragraph (2) of the judgment of the court below while regulating the Korean Intellectual Property Office; each of the crimes of this case was manufactured or kept by the defendant; the facts that the defendant manufactured or stored the stolen high-priced goods white; the fact that the defendant did not reach an agreement with the victim even after the lapse of the extended period after the crime was committed; and all of the sentencing conditions shown in the records and arguments of this case, including the defendant’s age, character and behavior, environment, circumstances after the crime, etc., are considered to be harsh.

The judgment of the prosecutor's assertion (defendant B) also did not reach an agreement with the victim, and the case is not weak, but the defendant did not have any record of punishment other than twice prior to 190, and the defendant has committed a mistake in depth, taking into account the defendant's age, character and conduct, environment, circumstances after the crime and circumstances after the crime, and all of the sentencing conditions in the records and arguments of this case, such as the defendant's age, character and conduct, circumstances after the crime, etc., the punishment sentenced by the court below cannot be deemed to be less severe.

In conclusion, the appeal by the defendant A and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.

다만, 원심판결문 제2면 제20행 중 ‘샤넬 가방을 제조함으로써’는 '샤넬 가방을 제조하고, 제조판매 목적으로...