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(영문) 창원지방법원 2015.10.07 2015노1582
공무상표시무효
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (the fine of KRW 5,000,000) is too unreasonable.

2. The instant crime committed by the Defendant is deemed to have undermined the effectiveness of the attachment indication by dividing it to the employees of the company that operated 34 points of goods worth KRW 11,142,00,000, total market value of which the attachment indication is attached. The Defendant recognized the instant crime, and is contrary to the nature of the attachment indication, and the equity between the case and the case where the judgment is rendered simultaneously with a separate crime

However, it is reasonable that the defendant has a record of having received several criminal dispositions, and that the attached attachment mark has the usefulness, and there is no change of circumstances that can be considered in sentencing after the sentence of the original judgment.

In addition, considering the various circumstances, such as the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as well as the conditions for sentencing as indicated in the instant records and pleadings, it is difficult to deem that the lower court’s punishment is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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