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(영문) 대전지방법원 2015.01.22 2014노2664

상표법위반

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the court below (the first judgment: imprisonment with prison labor: confiscation; imprisonment with prison labor for 1 year; imprisonment for 4 months; suspension of execution for 1 year; confiscation; and the third judgment of confiscation: imprisonment with prison labor for 10 months) is too unreasonable.

B. The sentence sentenced by the lower court on the first instance judgment of the prosecutor is too unfasible and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the case of this court 2014No2664, which is the appeal case against the judgment of the court of first instance, the case of this court 2014No3071, which is the appeal case against the judgment of the court of second instance, the case of this court 2014No3071, which is the appeal case against the judgment of the court of second instance, and the case of this court 2014No342, which is the appeal case against the judgment of the court of third court, was consolidated in the proceedings of the party hearing. Each of the crimes in the first, second, and third, the judgment of the court of third, are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence to the extent that aggravating

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the grounds for reversal of authority and the prosecutor’s allegation of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 93 of the Trademark Act as to facts constituting an offense (excluding each of the registered trademarks);

1. Articles 40 and 50 (Mutual Violation of the Trademark Act by Trademark) of the Commercial Competition Act;

1. Selection of each sentence 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;

1. The reason for sentencing of Article 97-2(1) of the Trademark Act is to recognize and reflect all of the defendants' errors.