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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court on the Defendant (ten months of imprisonment, two years of probation, two years of community service order, 240 hours of time, confiscation) is too uneased.
2. The crime of this case was committed in light of the following circumstances: (a) the Defendant sold counterfeit goods in excess of KRW 1.1 billion at the fixed price and kept them for the purpose of sale; (b) the Defendant’s liability is not weak; (c) on the other hand, the Defendant is against the Defendant’s recognition of the crime of this case; (d) the Defendant has no criminal history; and (e) the Defendant’s motive and background leading up to the crime of this case; (e) the means and method of the crime; (e) the Defendant’s age before and after the crime of this case; (e) the Defendant’s age, sexual behavior, environment, occupation, family relation, etc.; and (e) the sentence imposed by the lower court is too
3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That since it is evident that the error of “the Trademark Act No. 10” of the former Trademark Act (amended by Act No. 10811, Jun. 30, 201) is an erroneous term of office under Article 364(3) of the same Act, the correction is made ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.