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(영문) 인천지방법원 2017.01.12 2016노2340
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (one million won in penalty, confiscation) imposed by the court below on the defendant is too unreasonable.

2. The judgment of the defendant is against the confession of the crime.

The defendant does not seem to have distributed large-scale counterfeit goods, and there are no criminal records of the same kind.

However, the crime of this case is not only undermining the business reputation of the owner of the trademark right, but also undermining the sound market order.

The court below appears to have set a sentence against the defendant in consideration of the background of the crime, the quantity of counterfeit goods infringed, the history of the crime, etc., and there is no particular change in circumstances that may consider the sentencing

In addition, in full view of the various circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the lower court’s punishment 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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