The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have committed the crime of this case by infringing on the right of the owner of a trademark right and at the same time taking advantage of the infringement of the right of the owner of the trademark right, and at the same time disturbing order in the market, the estimated market price of the counterfeit goods of this case is reasonable, and

However, the defendant has been trying to refrain from committing a crime in violation of the Trademark Act, such as this case, against his wrongness through confinement for a considerable period of time, and the gain actually acquired by the crime of this case seems to have not been significant. In light of the place of sale and the sales amount, it is highly probable that consumers who purchased the counterfeit items of this case are fake goods.

In addition, considering the motive and circumstances leading to the instant crime, circumstances before and after the instant crime, the Defendant’s age, character and conduct, environment, and family relationship, the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 93 of the Trademark Act applicable to facts constituting an offense and Article 93 of the Selection of Punishment (to be comprehensively applied to each registered trademark) of the Trademark Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Taking into account the favorable circumstances in the preceding);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 97-2 (1) of the Trademark Act that is confiscated;