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(영문) 인천지방법원 2017.01.12 2016노3894
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of two years and four months, additional collection of 1,310,277,469 won) is too unreasonable.

2. Although the defendant's confession of the crime is against the nature of the crime, the crime of this case is committed not only undermining the business reputation of the owner of the trademark right, but also undermining the sound market order, and thus, the crime of this case is not deemed to be unfair because the crime of this case is committed, in light of the period and quantity of sale of counterfeit goods, sale amount, market price, type of registered trademark infringed upon, profits acquired from the crime, etc., the defendant has a criminal record of the same kind, there is no change in circumstances that may consider the sentencing after the decision of the court below, and other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., it is not deemed to be unfair for the court below to have imposed the

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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