상표법위반
Defendant
All appeals by prosecutors are dismissed.
1. The defendant asserts that the defendant's punishment (ten months of imprisonment and two years of suspended execution) of the court below is too unfasible, and the prosecutor is too unfased and unreasonable.
2. The infringement of trademark rights is an unfavorable circumstance to the defendant, such as the following: (a) the infringement of trademark rights not only the business reputation of the trademark right holder but also the distribution order of goods is to disturb the consumer's interest; (b) thus, there is a need to severely mislead it; and (c) the defendant sells a massage machine equivalent to the sum of KRW 230 million by infringing the trademark rights of the victim company; (d) the defendant has led to the confession and reflect of all of the crimes of this case; (e) the amount of damages of the victim company caused by the infringement of trademark rights of this case is determined as KRW 5 million in civil litigation, and the defendant has paid all of them to
In full view of the above-mentioned circumstances, including the accused’s age and happiness environment, the lower court’s punishment seems to be reasonable, and thus, the Defendant and the prosecutor’s assertion cannot be accepted.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided