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The judgment below
The portion of the Act on the Control of Narcotics, etc. except for the main sentence for the violation of the Act on the Control of Narcotics.
Reasons
1. On June 19, 2010, the lower court determined and sentenced a separate principal sentence as to each of the above crimes and sentenced an additional charge [5,314,50 won = 5,214,50 won = 5,200 won in part of the violation of the Trademark Act and 100,000 won in part of the violation of the Act on the Control of Narcotics, etc.] for the following reasons: (a) the case of violation of the Trademark Act and the case of violation of the Act on the Control of Narcotics, etc. (fence) were tried together and tried separately; and (b) all of them were convicted.
However, the Defendant appealed on the entire judgment of the court below that sentenced two punishments as above, but on the first trial of the court of first instance, the judgment of the court below as to this part of the violation of the Act on the Control of Narcotics, etc. was finalized as it is by withdrawal of a prior appeal against the violation of the Act on the Control of Narcotics, etc., which became final and conclusive. Accordingly, only the part of the
2. The sentence of the court below on the violation of the Trademark Act concerning the summary of the grounds for appeal is too unreasonable.
3. The fact that the crime of violation of the Trademark Act in the judgment of the court below is a second offense during the same suspended sentence and the defendant has fled for several years after the crime is disadvantageous to the defendant.
However, it is reasonable to view that the criminal proceeds derived from the crime as an intermediate sales book for the sports composition with a forged trademark do not amount to approximately KRW 5,200,000, considering the fact that the defendant had faithfully worked in the distribution company and the KCAN, a subordinate company of the Daewoo Shipbuilding, etc. after the crime in this case, and most of all, the defendant should pay the full amount of KRW 5,314,50 in the trial to voluntarily and not repeat the crime in the first instance. In addition, the risk of repeating the crime in this case is likely to considerably decrease, and the motive and background of the crime in this case, the age, character, and environment of the defendant, etc.