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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than nine months.
Seized articles;
Reasons
1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
The instant crime is a serious crime that is likely to disrupt the normal distribution order of drugs and cause serious harm to national health.
The number of fake vigra and al.e., that the Defendant intended to distribute or distribute exceeds 90,000 in total.
On the other hand, the following conditions are favorable.
Most of the fakes and al.e., which were kept for sale purposes, were seized and sold.
In the first instance, the owner of the trademark right deposited KRW 4 million in total in 2,000,000, respectively, to the domestic corporation and the limited company of the Republic of Korea.
One's mistake is divided and reflected.
There is no history of punishment heavier than a fine.
In addition, the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s assertion is reasonable, in full view of the circumstances leading to the instant crime, the circumstances after the instant crime, the character and conduct of the Defendant, the environment, etc., as shown in the records and arguments of the instant case, and the scope of recommendations according to the sentencing guidelines.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
【Grounds for a new judgment of the court in charge of a crime】 The facts constituting a crime recognized by this court in charge of a crime are cited in accordance with Article 369 of the Criminal Procedure Act, on the ground that the court below stated in the corresponding column of the judgment of the court below, with the exception that "C" of the 4th 10 criminal records in the judgment of the court below is "the Chinese person in non-name."
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the suspect of the defendant or B by the prosecution;
1. A protocol concerning the interrogation of suspect C by the police;
1.The original register of the trademark registration, each of these photographs, i.e., photo.