beta
(영문) 서울중앙지방법원 2017.03.31 2016노5014 (1)

상표법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. Each sentence of the first deliberation (for Defendants, one year of suspended sentence in six months of imprisonment) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In the instant case where there is no change in the sentencing conditions that may be considered specifically for the first time in the appellate trial, in full view of the various circumstances, including the Defendants’ age, sexual conduct, environment, health status, family relationship, motive, means and consequence of the crime, and circumstances after the crime, it is difficult to view that the first instance judgment is unfair because each sentence exceeds the discretionary scope, and it is too unreasonable (in full view of the period, content, number of crimes, criminal proceeds, etc. of the Defendants committed with the Co-Defendant A of the first instance trial, it is only doubtful that the first instance judgment is somewhat minor, in light of the period, content, criminal act, etc. of violation of the Trademark Act committed by the Defendants with the Co-Defendant A of the first instance trial, and the Defendants’ appeal is groundless, and thus all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문