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(영문) 서울서부지방법원 2015.11.19 2015노1180
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below’s sentence (a fine of one million won, confiscation (No. 1 to 10) is too heavy.

2. The judgment is the sentencing factors favorable to the defendant that the defendant acknowledges and reflects all of his own crimes, that there is no criminal history of the same kind, that there is no criminal history, and that there is no criminal sentence, and that trademark infringement articles have been seized.

However, it is an element of sentencing unfavorable to the defendant that there are no changes in the circumstances that can be considered in sentencing after the judgment of the court below.

In addition, considering the various factors of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, family relationship, health status, economic situation, etc., the sentence of the court below 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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