logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.09.15 2017노1523
상표법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence of imprisonment with prison labor for one year, two years of suspended execution, 120 hours of community service order, additional collection of 23,730,00 won, Defendant B: fine of three million won is too unreasonable.

2. A favorable circumstance is that the Defendants recognized the crime and reflected the fact that the Defendants did not have the same criminal record.

However, the crime of this case infringes upon the right of the legitimate owner of the trademark right, and at the same time disturbs the market economy order and damages the consumer's trust, and the strict punishment is required, and the quantity of counterfeit goods sold and the sales proceeds are significant (the defendant A claims that an additional collection is excessive in consideration of the actual profits after deducting various expenses from the sales proceeds. However, in collecting criminal proceeds, the expenses paid by the criminal to obtain criminal proceeds have been disbursed from the criminal proceeds.

Even if this is merely a method of consuming criminal proceeds, and it is not a deduction from the criminal proceeds to be collected, the above argument is not accepted). In full view of the following circumstances: (a) there is no change in circumstances after the decision of the court below; and (b) there is no change in circumstances after the decision of the court below; and (c) other circumstances that are the conditions for sentencing as indicated in the instant case, such as the Defendants’ age, sex, environment, family relationship, etc., it is difficult to deem the sentence of the court below to be too unreasonable.

Therefore, we cannot accept the defendants' above argument of sentencing.

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

arrow