The sentencing of the lower court (one hundred months of imprisonment and one hundred eight thousand won of additional collection) is too unreasonable.

Judgment

Although the court below is recognized to have divided wrong facts and there is no record of criminal punishment except for one-time suspended sentence, and the defendant's profit from the crime is much less likely to be less than the amount of damage, considering all these circumstances, it appears that the court below determined the lowest amount of the recommended sentence according to the sentencing guidelines of the Sentencing Commission as the term of imprisonment, and additionally collected only the amount equivalent to the labor cost and net profit out of the total criminal proceeds. Meanwhile, each of the crimes of this case is necessary to infringe upon the legitimate trademark right holder's right, disturb the market economy and undermine the consumer's trust, as well as disrupting the market economy. Since each of the crimes of this case is committed in violation of the Trademark Act on August 14, 2008, the defendant committed any of the same crimes without being aware of the fact that he had been sentenced two years to the suspended sentence of imprisonment with prison labor for the same time on the basis of the violation of the Trademark Act on the one-time suspended sentence of 10 million won, even though he did not have been able to properly control the defendant's character and behavior and condition, etc.

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