상표법위반
The prosecutor's appeal is dismissed.
1. In light of the fact that the defendant was punished for the same kind of crime, and that the violation of the Trademark Act is not small, the sentence of the court below (a fine of KRW 10 million, confiscation) is too unfeasible and unfair.
2. In the course of operating a miscellaneous store, the type and number of trademark rights infringed upon by the Defendant is not a large number of people, and there is also a history of punishment once for the same crime.
Meanwhile, in full view of all the circumstances, including the Defendant’s age, character and behavior, motive, means and consequence of the instant crime, circumstances after the crime, economic situation, etc., the lower court’s punishment is too uneasible and unreasonable. In so doing, it cannot be deemed that the lower court’s punishment is too unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.