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(영문) 서울중앙지방법원 2019.10.11 2019노1354
상표법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The decision of the court below on the summary of the grounds of appeal (7 million won of fine, confiscation) is too unreasonable.

The punishment sentenced by the court below by the public prosecutor is too uneasible.

Judgment

The defendant has committed the same crime and has been sentenced to imprisonment, one time before the suspension of the execution of imprisonment, and two times before the fine.

The defendant committed the same crime, even though he was under the suspension of the execution of imprisonment.

On the other hand, the defendant seems to have recognized and opposed to the crime of this case.

It is only two visibilitys that infringe trademark rights.

In addition, considering the Defendant’s age, character and conduct, environment, health status, family relationship, and circumstances of the crime, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

The defendant and prosecutor's assertion are without merit.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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