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(영문) 의정부지방법원 2017.05.25 2017노692

상표법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (a year and two months of imprisonment, confiscation) is too unreasonable.

2. The offense of violating the Trademark Act is an offense infringing upon a legitimate trademark right holder’s right, and at the same time disturbing the sound trade order in the market, and the quality of such offense is not weak;

The period of the instant crime is about three years, and the number of goods for which the Defendant infringed on trademark rights is 36,915, and the market price of the goods corresponding thereto is 839,05,826 won in total.

Although the damage caused by the crime of this case seems to have considerable damage to the credit and economic aspects of the damaged company, the damage has not been recovered, and the general consumers who purchased fake products are likely to have suffered direct and indirect damage.

There is no special reason to change the punishment of the court below for the first time.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

참조조문