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(영문) 부산지방법원 2016.03.17 2015노4512
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment, etc.) is too unlimited and unfair.

2. There are extenuating circumstances such as: (a) the Defendant recognized each of the instant crimes and against his mistake; and (b) informing the investigative agency of the persons who committed a crime related to a violation of the Trademark Act; and (c) cooperating with the criminal investigation.

However, each of the crimes of this case is not good in that it infringes upon a legitimate trademark right holder's right, and at the same time disturbs the market economy order and damages the consumer's trust, despite the fact that the defendant committed each of the crimes of this case again despite the fact that he had been punished four times for the same kind of crime, the defendant imported and distributed a large quantity of counterfeit goods in Korea for a long time, and other circumstances that form the conditions for sentencing as indicated in the records and theories of this case, such as the defendant's age, sex, conduct, environment, family relationship, means and consequence of the crime, etc., the sentence imposed by 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 on the grounds that the defendant's appeal is without merit.

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