The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

except that this shall not apply.

1. The summary of the grounds for appeal (e.g., both 1 and 6 months of imprisonment with prison labor sentenced to Defendant A and 8 months of imprisonment with prison labor sentenced to Defendant B are too unreasonable.

2. In full view of Defendant B’s ex officio judgment on the grounds for appeal, the following facts are acknowledged: (a) Defendant B was sentenced to one year of imprisonment on January 7, 2015 by committing a crime of violating the Trademark Act at the Seoul Eastern District Court on the grounds of violating the said Act on June 10, 2015; (b) in relation to each of the crimes of this case committed before the said judgment becomes final and conclusive, both the crime of violation of the said Trademark Act and the crime of this case committed before the said judgment are concurrent crimes provided for in the latter part of Article 37 of the Criminal Act; (c) in relation to each of the crimes of this case and the Trademark Act, etc. for which each of the crimes of this case and the judgment became final and conclusive pursuant to Article 39(1) of the Criminal Act, taking into account equity and the mitigation or exemption of the sentence, the lower court’s judgment that did not take such measures cannot be upheld.

3. As to the grounds for appeal by Defendant A, Defendant A had the record of receiving a summary order of KRW 3 million due to the violation of the Trademark Act on November 2012, 201; Defendant A sold a large quantity of clothes to many consumers in the instant case, and the scope of infringement of trademark rights is very large; each of the instant crimes was planned and organized, etc., which are disadvantageous to Defendant A.

On the other hand, Defendant A made confessions of all crimes for which the crime was committed in the first instance, and there is no criminal record except for those punished once by fine, and Defendant A’s judgment of suspended execution was finalized in 1 and 3 years of imprisonment with prison labor as to accomplice G operated together by shopping mall, and there is a need to consider equity among accomplices. Otherwise, Defendant A’s age, character and conduct, environment, motive, means, and consequence of the crime.