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(영문) 서울중앙지방법원 2014.05.23 2014노950

상표법위반

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. With respect to the sentencing of the first instance court (one year of imprisonment) against the defendant in the summary of the grounds for appeal, the prosecutor appealed each appeal on the grounds that the defendant is too uncompared and unreasonable.

2. We examine both the judgment and the defendant's assertion of unreasonable sentencing.

In full view of the details and motive leading up to the instant case, the scale and method of the crime, the method and mode of the crime, the degree of profit from the crime, the criminal records of the defendant and the circumstances after the instant crime, and other circumstances that form the conditions of sentencing as shown in the records, such as the defendant’s age, character and conduct, environment, family relationship, health status, etc., the sentencing of the first instance court against the defendant is deemed to be adequate, too weak or unreasonable, and thus, the grounds for unfair sentencing of the prosecutor and the defendant are without merit.

3. As such, the appeal by the prosecutor and the defendant is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.