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The defendant's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below (eight months of imprisonment, confiscation) is too unreasonable.
2. Although the defendant's mistake is divided by recognizing the crime, the crime of this case is committed not only undermining the business reputation of the owner of the trademark right, but also undermining the sound market order, and thus, the quality of the crime is bad, in light of the period and quantity of selling counterfeit goods, and the type of infringed registered trademark, etc., part of the crime of this case is a crime during the repeated crime period, there is no change in circumstances that may consider the sentencing after the decision of the court below, and there is no other change in circumstances that are conditions for sentencing, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the court below is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.
[Correction of Decision: Where an act of trademark infringement under Article 93 of the Trademark Act was continued to be committed against several registered trademarks, one crime is established by combining each of the registered trademarks (see Supreme Court Decision 2009Do10759, Jul. 14, 201). If part of habitual offenders committed during a repeated crime within the repeated period, even if the remaining act was performed after the repeated period, the entire act is in a repeated crime (see Supreme Court Decision 82Do600, May 25, 1982; 82Do115, May 25, 1982). Examining the foregoing legal principles, all of the crimes committed No. 7 and 8, and crimes No. 72, No. 72, supra, are infringement of the registered trademark “D2DUDDD 2 (51487)” and the registered trademark “No. 137,000,000