상표법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for a period of two years from the date this judgment became final.
1. The punishment sentenced by the court below is too unreasonable in light of the summary of the grounds for appeal, the fact that the living penalty is the criminal, the profit gained from the crime is less than the actual damage, the defendant is against the defendant, the scale and duration of the crime, etc.
2. In full view of the fact that the Defendant’s mistake reflects the fact that there is no previous conviction other than the fine, and that the Defendant’s friendship wants to take the Defendant’s wife, and other factors of sentencing as shown in the records and arguments, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the lower judgment seems to be too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, 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 with merit, and it is again decided as follows.
[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 93 of the Trademark Act governing the facts constituting an offense and Article 93 of the Election of Imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of grounds for reversal);
1. Article 62-2 (1) of the Criminal Act regarding community service order;
1. Article 97-2 (1) of the Trademark Act and Article 48 (1) 1 of the Criminal Act of the same Act;