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The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.
except that this shall not apply.
Reasons
1. The summary of the grounds for appeal asserts that the defendants are too unfasible with respect to the punishment of the court below (one year of imprisonment, one year of confiscation and collection, ten months of imprisonment), and that the prosecutor is too unfasible and unfair.
2. The crime of this case was committed in the light of the infringement of the right of a trademark right holder and disturbing market order, and the quality of the crime was not somewhat weak; the defendants supplied or stored for sale; Defendant A, as the actual representative of “H”, led the crime of this case by directly importing counterfeit goods in China; Defendant B had the same criminal record once; Defendant B, as the so-called so-called bar president of “H”, was punished by a fine for violating the Trademark Act three times since 2014; and Defendant B committed the crime of this case at a disadvantage to the Defendants.
However, the Defendants’ confessions all of the crimes of this case, and the transaction of counterfeit goods does not seem to be the main business of “H”, and the trade of counterfeit goods by the Defendants does not seem to be the major business of “H”. The damage suffered by the actual trademark rights holders in this case due to bad quality compared to the refined goods that were used as free gifts of a single-sponing machine is deemed not to be significant. Due to the instant case, the Defendants seems to have the time to live in prison for more than 2 months and 6 months, and considering various sentencing conditions, such as the Defendants’ age, character and behavior, environment, means and method of crime, and circumstances after the crime, the punishment imposed by the lower court against the Defendants is deemed to be inappropriate.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is again decided as follows.
Criminal facts
this Court recognizes the substance of the evidence and the summary thereof.