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(영문) 서울서부지방법원 2013.10.10 2013노377
상표법위반
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

Each punishment sentenced by the court below to the defendants (a fine of three million won) is too unreasonable.

Judgment

In light of all the records and the sentencing conditions of this case, including the fact that the Defendants led to the confession of each of the crimes of this case, and even though they were found to have violated the rights of the registered trademark rights holders, each of the above crimes was at the same time taking unfair profits by infringing on the rights of the registered trademark rights holders, and thereby disturbing the market trade order, and the fact that the presumption market price of forged goods stored, stored, or possessed for the purpose of sale seems to reach a considerable amount of money, the defendants' punishment against the defendants is too unreasonable. Thus, the defendants' assertion of unfair sentencing is without merit.

In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since all of the appeals by the defendants are without merit. It is so decided as per Disposition.

However, according to Article 25 (1) of the Regulation on Criminal Procedure, "1. Concurrent concurrent crimes between 2, 16 and 2, 17 of the judgment of the court below": The addition of "Article 37, 38 (1) 2, and 50 of the Criminal Procedure Act" is corrected.

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