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(영문) 서울중앙지방법원 2016.02.05 2015노4500

상표법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won, one million won, and one confiscation) is too unreasonable.

2. The judgment is against the defendant's wrong and the defendant has no same criminal record is favorable to the defendant.

However, in light of the fact that the quantity of forged goods displayed and kept by the Defendant is not a large quantity, the crime in this case is not unfair because it infringes upon the rights of the legitimate owner of the trademark right, and at the same time it disturbs the market economy order and damages the trust of the consumers, there is no change of circumstances that should reduce the punishment in the first instance trial, and all other circumstances that form the sentencing conditions, such as the character, behavior, age, living environment, family relationship, motive, means and consequence of the crime, etc. of the Defendant, the punishment imposed by the lower court is too unreasonable.

The above assertion by the defendant cannot be accepted.

3. According to the 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.