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(영문) 광주지방법원 2017.08.31 2016노4666

상표법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to five million won, confiscation) is too unreasonable.

2. The Defendant’s mistake is against the Defendant, and the primary offender who has no record of criminal punishment is a primary offender, etc. However, the instant crime is not unfair because the Defendant sold cosmetics, etc. on which a fake trademark of a famous brand was attached through the Internet over 235 times between two months and two months, and it appears that the Defendant would not have considerable damage to the trademark right holder and ordinary consumers. In full view of the unfavorable circumstances, such as the Defendant’s age, sexual behavior, environment, family relationship, circumstances after the crime, etc., and other various sentencing conditions as shown in the instant records and arguments, such as the Defendant’s age, sex, environment, family relationship, circumstances after the crime, etc., it does not seem that the lower court’s punishment is too unreasonable.

3. The appeal by the defendant is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act.