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(영문) 서울중앙지방법원 2016.09.30 2016노2433

상표법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence sentenced by the first instance court (unfair sentencing) on the summary of the reasons for appeal (the imprisonment of two months and eight months, confiscation) is too unreasonable.

2. Although there are favorable circumstances, such as the fact that the scale of the Defendant’s crime is not large and the profits from the Defendant’s crime are expected to be relatively large, and that the Defendant’s mistake is divided, the Defendant has already been punished four times due to a violation of the same kind of trademark law; the Defendant was released after being sentenced to suspension of execution for the same crime; and the Defendant committed some of the instant crimes only in the month of February; and there is no change in sentencing conditions that may be particularly considered in the appellate trial; and even if examining the various circumstances, including the Defendant’s age, sex, environment, motive, means, and consequence of the crime, etc., and the circumstances after the crime, it is difficult to view that the first instance sentence is unfair because it is too too unreasonable.

Therefore, we do not accept the above argument of the defendant's above sentencing.

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