상표법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.
2. The crime of this case is a crime that not only damages the business reputation of a trademark right holder, but also disturbs the sound market order, and thus, is disadvantageous to the defendant.
However, in light of the fact that the defendant made a confession of the crime of this case when it comes to the trial, the first offender, and the forged goods displayed by the defendant are merely eight points and it seems that the damage actually suffered by the trademark right holder due to the crime of this case is not significant, and other various circumstances, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case and circumstances after the crime, etc., the sentence imposed by the court below is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment 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 and Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) regarding criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 97-2 (1) of the former Trademark Act that has been confiscated;