A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 to 5 shall be confiscated.

2. The infringement of trademark rights is likely to undermine the interests of consumers by disturbing not only the business reputation of the trademark right holder, but also the distribution order of goods, and thus, it is necessary to do solemnly. Although the defendant is under the suspension of execution for the same kind of crime, the crime of this case is heavy in that he/she again commits the crime of this case.

However, in full view of all the sentencing conditions shown in the arguments in this case, including the fact that the product manufactured by the defendant does not seem to have been distributed as a good, the fact that the defendant is against his wrong, the fact that the defendant must support his family, and the scale of the crime in this case, etc., the defendant's age, character and behavior, and the environment, the sentence imposed by the court below is somewhat inappropriate.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 93 of the Trademark Act and the Selection of Imprisonment with prison labor for criminal facts;

1. Article 97-2 (1) of the Trademark Act that is confiscated;