All appeals filed by the defendant and prosecutor are dismissed.

1. The gist of the grounds for appeal asserts that the defendant's imprisonment (one hundred months of imprisonment, confiscation) declared by the court below is too unafford, and the prosecutor is too unafford and unreasonable.

2. The crime of this case is not easy in terms of infringing on the right of a trademark right holder and disturbing the market's trade order.

In particular, the defendant has been already punished three times due to the same kind of crime in the past, and one of them has been punished as a sentence. In addition, the defendant who committed the same kind of crime can not be held liable corresponding to it.

However, the defendant committed the crime of this case in a timely and orderly manner after he was controlled by an investigative agency, and has cooperation in the investigation, and has his depth divided and reflected in this case.

The complete goods were not distributed in the market by controlling at the preparation stage of provisional control measures using the original group and subsidiary materials in the decision of the court below, and the defendant seems to have failed to obtain specific profits from the crime of this case.

The defendant's previous and old age has long been supported by his wife, and the defendant had been living in his old household factory that had been operated every year was closed due to his bankruptcy, and seems to have reached the crime of this case.

In addition, considering the various circumstances, such as the Defendant’s health condition, age, character and conduct, environment, motive and background of the crime, and circumstances before and after the crime, the punishment sentenced by the court below is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument cannot be accepted.

3. Accordingly, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.