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(영문) 부산지방법원 2012.09.06 2012노1994

상표법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty of the original judgment (two million won of fine) is too unreasonable.

2. The determination is based on the following facts: (a) although the Defendant did not sell bags that infringed trademark rights are sold or supplied in large volume; (b) sold or kept bags and bags so that consumers can directly create and use bags; (c) the sales revenue of the Defendant is at least 13 million won; (d) distribution of forged trademark attachment products frequently occur; and (e) even though the trademark right holder’s damage is not significant, there is a need to strictly punish the infringement of trademark law because there are many social harm caused by the violation of the Trademark Act, such as the fact that there is a lot of social harm caused by the violation of the Trademark Act, such as the fact that the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances before and after the crime, etc., the lower court’s punishment is too unreasonable, taking account of various sentencing conditions as provided in Article 51 of the Criminal Act, such as the following:

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.