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(영문) 서울동부지방법원 2013.08.13 2013노726
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor) by the lower court is too unreasonable.

2. The judgment shows the attitude that the defendant, in substitution of the investigative agency, the court below, and the court of the trial, has taken the view that he/she committed the crime in question, and that he/she committed the crime in this case, such as bond and repayment, etc., and that he/she caused the crime in this case, is favorable to the sentencing.

However, the Defendant failed to recover the damage of the trademark right holder, and the scale of the Defendant did not small to keep fake metal type 27,200 points at the time of regulating the instant crime, and the Defendant appears to have destroyed evidence while deleting the monetary content at the time of regulating the instant crime, and the period of suspended execution due to the same criminal record is terminated, the instant crime again leads to the instant crime. The sentencing of the lower court appears to have taken into account all favorable circumstances, and there is no change of circumstances that may vary between the lower court and the lower court, and in full view of all the circumstances indicated in the records and arguments, such as the Defendant’s age, character, character and environment, occupation, occupation, power, means and consequence of the instant crime, etc., the sentence of the lower court is too unreasonable.

(1) The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the other hand, although the defendant made a false statement at the prosecutor's office that he is 30 million won the profit of the crime of this case, the actual profit of this case is merely 15 million won, and thus, the reduction of punishment is asserted. However, even if the defendant's argument is true, the above circumstance alone does not constitute an improper ground for reversal of the sentence.

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