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The defendant's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.
2. The circumstances that can be considered such as the Defendant’s confession of the instant crime and reflects the mistake, and the Defendant’s primary offender who had no previous criminal record are acknowledged.
However, in light of the fact that the crime of this case infringes on the right of a trademark right holder and disturbs the market order, the crime of this case is not less severe than the nature of the crime, the fact that there is no change of circumstance that differs from the original judgment in the trial, and other various sentencing conditions such as the defendant's age, character and behavior, environment, means and method of crime, and circumstances after the crime, etc., the punishment imposed by the original judgment is too unreasonable.
3. As such, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.
[However, pursuant to Article 25(1) of the Rules on Criminal Procedure, each "trademark Act" applicable to the reasoning of the lower judgment is corrected as each "former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016)".