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(영문) 부산지방법원 2017.07.21 2017노1287
상표법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

13,170,00 won from the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year and six months of imprisonment, additional collection 11,3170,000 won) is too unreasonable.

2. In light of the period of crime, proceeds of crime, methods of crime, etc., the liability for the crime is considerably heavy, one time of fine due to a violation of the Trademark Act, and one time of punishment due to a violation of the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts (e.g., brokerage of commercial sex acts), and one time of criminal punishment for suspended sentence of imprisonment,

However, if we consider the favorable circumstances such as the fact that all crimes are recognized, the fact that they are against, the fact that they should support young children and their wife, the fact that they deposited a total of KRW 30 million for the trademark right holders in the first instance, and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, the punishment sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 93 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter referred to as the “former Trademark Act”), Article 19(2)1 of the Act on the Punishment of Acts, such as Arranging Sexual Traffic, Article 30 of the Criminal Act, and each choice of imprisonment with prison labor, respectively.

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

1. Collection - Articles 10(1) and 8(1)1 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds (Violation of the Trademark Act).

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