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All appeals by the Defendants and the Prosecutor are dismissed.
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 (10 months of imprisonment and confiscation, 1 year of suspended sentence of imprisonment in 6 months), and that the prosecutor is too unfasible and unfair.
2. We examine both parties’ assertion of unfair sentencing against the Defendants.
A. The circumstances favorable to the defendant are that the defendant A led to the confession of the crime of this case and reflects the wrongness, and that the family relatives of the defendant want to take the defendant's wife against the defendant.
However, the crime of violating the Trademark Act is not easy in terms of infringing the right of the trademark right holder and disturbing the market order. In preparation for the control of the defendant, the quality of the crime is very poor, and the defendant has been punished seven times due to the crime of violating the Trademark Act, and in particular, on December 10, 2015, the above judgment was sentenced to a suspended sentence of one year due to the violation of the Trademark Act at the Busan District Court on June 10, 2016 and was sentenced to a suspended sentence of two years due to the violation of the Trademark Act at the Busan District Court on June 10, 2016, and the crime of this case was committed without being familiar with the person during the suspended sentence period, and other various sentencing conditions such as the defendant's age, character, environment, and circumstances leading to the crime, method and method of the crime, and the circumstances after the crime are considered, it cannot be deemed that the punishment imposed by the court below is too heavy or unreasonable.
B. Defendant B’s confession of the instant crime and reflects the wrongness of the Defendant, and the Defendant’s primary offender, who had no previous criminal record, was employed as an employee on the street, and was involved in the instant crime, and the Defendant’s minor child to be supported, etc. are favorable to the Defendant.
However, the crime of violating the Trademark Act is against the law in terms of infringing the right of the registered trademark right holder and disturbing the market transaction order.