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(영문) 서울중앙지방법원 2018.01.26 2017노3844

상표법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an administrative fine of KRW 10 million by each of the Defendants) is too unreasonable.

2. All the Defendants are favorable circumstances, such as the confession and reflection of the instant crime, and the initial crime without criminal punishment.

However, for a period of about nine months, the Defendants sold counterfeit goods through NAV B Round or Kakao Stockholm, and the types of trademarks and goods handled are diverse, and the sales volume thereof (not less than 12 points of counterfeit goods, not more than 468 points of counterfeit goods, and not more than 4-5 million won each of the Defendants) and profits therefrom (not less than 4-5 million won) are also less.

subsection (b) of this section.

In the instant case where there is no special change in circumstances that could change the sentence of the lower court, including the above circumstances, the lower court’s sentence is too unreasonable even if taking account of the various conditions of sentencing as shown in the record and the changed theory of the instant case.

The Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.