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(영문) 서울동부지방법원 2014.10.24 2014노1140
상표법위반
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the court below to the Defendants (the defendant A: the imprisonment of October and the confiscation sentence; the suspended sentence of two years in the suspended sentence of eight months, the community service order) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. Prior to Defendant A’s previous violation of the Trademark Act, there was a history of having been sentenced one time to a suspended sentence and one-time fine due to the violation of the Trademark Act; Defendant B had been sentenced one time to a fine due to the violation of the Trademark Act prior to Defendant B; there was some unfavorable circumstances against the Defendants on the part of the Defendants, such as the scope of infringement of the trademark right of this case recognized by the Defendants for a relatively long period of two years; however, in the case of Defendant A, the Defendants are against their mistake and, in particular, the Defendants are living under detention for a period of six months; in light of the favorable circumstances, such as the Defendants’ motive and circumstance leading up to the instant crime; the circumstances before and after the commission of the crime; the Defendants’ age, character, environment, occupation, occupation, and occupation; and other various circumstances, which are the conditions of sentencing as specified in the records, such as the records, are considered to be too unreasonable. Therefore, all of the above arguments by the Defendants are justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is delivered after oral argument, as the defendants' appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 93 of the Trademark Act, Article 30 of the Criminal Act, and Article 1.1 of the Criminal Code, each of the choice of criminal facts.

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