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(영문) 대구지방법원 2016.08.18 2015노4285
상표법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unreasonable for the lower court to punish the Defendants (a fine of KRW 7 million each of the fines).

2. The judgment of the Defendants recognized the instant crime and against their mistake, and the Defendants were first offenders who had no criminal record prior to the instant crime, and the Defendants faithfully cooperated with the investigation by the investigative agency, and the Defendants’ substantial profit from the instant crime appears to fall short of the sales amount, are favorable circumstances to the Defendants.

On the other hand, the Defendants’ liability for the crime of this case cannot be deemed to be light, and the Defendants’ period of crime and the scale of crime are considerable.

In full view of the above circumstances and other circumstances, such as the Defendants’ age, sex, environment, and circumstances after the commission of the crime, etc., the lower court’s punishment is determined to be appropriate as a punishment within the scope of the discretion of sentencing, based on the following circumstances:

Therefore, the Defendants’ assertion is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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