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(영문) 서울중앙지방법원 2014.10.31 2014노3096
상표법위반
Text

The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentencing of the first instance court (each confiscation of one year of imprisonment and evidence 1 to 23, 26, and 27) against the accused in the summary of the grounds for appeal is too unreasonable.

2. The judgment of the accused committed the instant crime even though the same kind of crime had been committed several times, and the period, quantity, and amount of the instant crime depends on a considerable amount of time, quantity, and so forth.

However, the defendant's act of committing the crime of this case seems to have been attributable to the fact that he was trying to live alone and take responsibility for raising children for the past four months, and the defendant was tried under detention for the past four months, and his mistake is divided in depth. Since there are children to care for the defendant, the defendant's brothers and sisters are leading the defendant not to repeat the crime, in consideration of the circumstances that the defendant's prior wife was born, and other various circumstances that form the condition for sentencing as shown in the record, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the sentencing of the first instance court is deemed unreasonable, and the above argument by the defendant is reasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of facts constituting an offense and each of the choice of punishment under Article 93 of the Trademark Act.

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of circumstances, etc. specified in paragraph (2) above);

1. Article 62-2 of the Criminal Act on community service order;

1. Confiscation under Article 97-2 of the Trademark Act;

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