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(영문) 의정부지방법원 2016.08.23 2016노1621

상표법위반등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (one and half years of imprisonment) by the lower court is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. It is recognized that the act of distributing fake cosmetics intends to make unjust profits by deceiving both trademark right holders and consumers, and that it cannot be done solemnly. The quantity of fake cosmetics stored by the Defendant is reasonable, the amount of which is a large amount of KRW 1.2 billion, the amount of which is a large amount of KRW 1.2 billion, the failure to agree with the victim, and the failure to recover the damage is recognized.

B. However, in full view of the various circumstances, such as the Defendant’s confession and confession of the instant crime, the fact that there was no previous conviction in the same kind, and the Defendant’s age, the circumstances leading to the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is not deemed to be too minor or unreasonable.

(c)

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.