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(영문) 의정부지방법원 2016.02.18 2015노3001
상표법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (2 million won in penalty amount, confiscation) is deemed to be too uneasible and unreasonable.

2. Determination

A. The Defendant is recognized that he had a number of 17 company’s fake trademarks attached thereto, etc.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and against the instant crime; (b) the Defendant was a primary offender who has no record of criminal punishment; (c) most of the products possessed by the Defendant were in possession of a vehicle other than a large vehicle or warehouse; and (d) the Defendant was in custody of a vehicle other than a large-scale vehicle or warehouse; (c) the amount of circulation would not exceed a large amount; and (d) other circumstances that form the conditions for sentencing specified in the instant argument, including the Defendant’s age, details of the commission of the crime, and circumstances after the commission of the

(c)

Therefore, the prosecutor's above assertion is without merit.

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

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