The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Nos. 1 through 9 of seized evidence shall be charged to the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, confiscation, and collection) is too unreasonable;

2. Prior to the judgment on the grounds of ex officio appeal, Article 282(3) of the Customs Act provides that "if all or part of the goods to be confiscated pursuant to paragraphs (1) and (2) of the same Article cannot be confiscated, an amount equivalent to the domestic wholesale price at the time of offense of the goods not confiscated shall be collected from the offender." According to the judgment of the court below, since all of the goods in violation of the Customs Act were confiscated from the defendant, it shall not be collected from the defendant. Thus, even though 8,575,000 won, which is the value of the goods, shall not be collected from the defendant, the court below erred by misapprehending the legal principles on additional collection.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for reversal ex officio is based on the grounds as seen in the above.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 269 (2) 1, Article 241 (1) of the Customs Act (the point of smuggling) and Article 93 of the Trademark Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (it shall be between a violation of the Customs Act due to smuggling import in sight of the remaining forged scenic items except ten clocks of Belgium and a violation of the Trademark Act);

1. Selection of each sentence of imprisonment;

1. According to Article 97-2(1) of the Trademark Act and Article 282(2) of the Customs Act, among seized articles, “Belgium 10 clocks (No. 9)” among seized articles has been sealed, but they are not counterfeit articles, and thus, they may be confiscated by the Trademark Act.