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(영문) 서울남부지방법원 2014.06.12 2014노391
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment of the court below (the fine of KRW 10 million, confiscation) is too unreasonable.

According to the records, the defendant violated trademark rights of a trademark right holder by selling counterfeit goods while operating the Internet shopping mall, and was investigated by the police after partial infringement of trademark rights was discovered, and was subject to a disposition of suspension of indictment on condition of copyright education, and the defendant took measures such as refunding money to a customer who has retired his money after undergoing the police investigation as above. The crime of this case is committed during the same period as the act subject to the disposition of suspension of indictment. However, although the number of crimes is much more than the number of crimes and the scope of the trademark rights infringed is considerably wide, a summary order is requested (However, the list of crimes in the judgment of the court below is limited to the remaining parts excluding the above sales after checking the contents refunded), and the defendant has no criminal record at the same time.

The court below imposed a fine on the amount reduced than the fine under the summary order, taking into account the aforementioned various sentencing conditions, and it does not seem that the court below’s sentence is too unreasonable.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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