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(영문) 대구지방법원 2014.04.24 2013노3460
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of two million won, confiscation) imposed by the court below is too unreasonable.

2. The judgment of the defendant does not have much quantity of fake goods which the defendant attached the trademark without permission and displayed for the purpose of sale, and is contrary to recognizing the mistake of the crime.

However, on November 2010, the Defendant again committed the instant crime even though he had been punished for the same kind of crime.

The crime of this case is committed by infringing on the rights of the registered trademark rights holders, taking unjust profits, and at the same time disturbing the market's trade order, and it is not less vulnerable to social harm.

In addition, examining all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character, conduct and environment, etc., the sentence of the court below cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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