상표법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of three years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (a year and six months of imprisonment, confiscation, collection) is too unreasonable.
2. The crime of violating the Trademark Act is at the same time infringing upon the legitimate trademark right holder’s right, and at the same time disturbing the market economy order and impairing the consumer’s trust. The issue cannot be deemed to be somewhat weak, and considering the period of the crime of this case, the amount of forged goods, and the amount of the forged goods, the corresponding punishment is required.
However, the defendant recognized the crime of this case and has no record of punishment heavier than the same criminal record or fine.
It seems that the collection of illegal profits is imposed on the criminal proceeds acquired by selling counterfeit goods, and illegal profits are to be recovered, and the counterfeit goods stored and possessed have not been fully seized and distributed.
When comprehensively considering the conditions of sentencing, such as the defendant's age, occupation, living environment, motive for committing a crime, circumstances after committing a crime, and the scope of recommended punishment according to the sentencing guidelines, the punishment sentenced by the court below is unreasonable.
3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and Article 230 of the Trademark Act regarding facts constituting an offense ( comprehensively including one registered trademark, and choice of imprisonment);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 of the Criminal Act: