The judgment below

The part against the Defendants is reversed.

Defendant

A shall be punished by imprisonment with prison labor for not more than ten months, and by imprisonment for Defendant C.

1. The decision of the court below against the defendants on the summary of the reasons for appeal is unfair because each of the punishments of the court below (one year of imprisonment, confiscation and additional collection, 10 months of imprisonment, 10 months of additional collection) is too unreasonable.

2. The crime of this case, based on the judgment, is found to be disadvantageous to the Defendants, such as the fact that the Defendants sold forged goods bags, etc. to domestic counterfeit goods distributors or possessed them for sales purposes, and the criminal liability is heavy in light of the substance of the crime, the period of the Defendants’ criminal act reaches approximately one year and three months, and the quantity of the forged goods possessed is considerably large, and Defendant A committed the crime of this case during the period of repeated offense.

However, in light of the fact that the Defendants led to the confession of the crime of this case, the defendants reflects the truth in depth, the profits they actually acquired are not very significant compared to the value of the forged goods sold by the defendants, the defendant C did not have the same force to the defendant, the defendant C was the first offender, the defendant C's family members wanting to have the front offender, etc., and the social ties relationship between the defendant C is clear, such as the defendant's age, sexual conduct, environment, etc., and other circumstances that form the conditions for sentencing as shown in the argument of this case, the court below's punishment against the defendants is too unreasonable.

Therefore, the defendants' above argument of sentencing is justified.

3. In conclusion, the part of the judgment of the court below against the defendant was reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 230 of the Trademark Act and Article 30 of the Criminal Act (joint violation of the Trademark Act) regarding criminal facts.