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(영문) 부산지방법원 2016.10.27 2016노3005
상표법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year and six months of imprisonment, three years of suspended execution, two years of probation, one hundred and sixty hours of social service, etc.) is too unhued.

2. Each of the crimes of this case committed the crime of this case, which infringes upon the legitimate trademark right holder's right, and at the same time disturbs the market economy order and damages the consumer's trust, is not good, and the defendant sold and possessed counterfeit goods over several months. The defendant was investigated by an investigation agency as a result of the crime of this case and possessed them to transfer and deliver counterfeit goods with a view to transferring and delivering them. It is disadvantageous to the defendant, such as the form of the act, the quantity of counterfeit goods, and the degree of damage to authentic goods.

However, in light of the fact that the Defendant is making a confession of the instant crime, the Defendant has no specific criminal records other than the past punishment once as a fine, and other various circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, means and consequence of the instant crime, and the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too unjustifiable.

3. In conclusion, the prosecutor'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 Law" in the application of the laws and regulations on the grounds of the judgment below is corrected as "former Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016)", respectively.

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