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(영문) 서울북부지방법원 2017.09.08 2017노1169
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (2 million won, confiscation) pronounced by the original court which is the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant led to the confession of and reflect against the instant crime; and (b) the fact that there was no other penalty force than the suspended sentence once due to the crime of escaping from military service in 2004.

However, the crime of this case is a sale of the Defendant’s fake on which a fake brand is attached, and it seems that the infringement of trademark rights by the Defendant and damages to ordinary consumers were not significant, and the nature of the crime is not good, and there are no new circumstances to consider in sentencing after the decision of the court below, and in full view of all the circumstances indicated in the argument of this case, including the Defendant’s age, sex, sex, environment, family relationship, motive, circumstance, means and consequence of the crime, and circumstances after the crime, the court below cannot be deemed to be unfair because the Defendant’s punishment is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act (the court below, while sentencing a fine to the defendant, omitted the order of custody in the workhouse, but the court below did not issue an order of custody in the workhouse under the principle of prohibition of disadvantageous alteration in the case of appeal filed only by the defendant).

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