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(영문) 서울동부지방법원 2015.10.22 2015노981
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable for a year and two months.

2. As to the grounds for appeal, there are extenuating circumstances, such as the fact that the Defendant made a confession of all crimes and misunderstandings, and that most consumers would have known that they are not authentic goods to consumers, and that they would have knowingly purchased the goods with the knowledge of being the so-called "general manager or manager".

However, in the meantime, the Defendant committed the instant crime on October 9, 2013, which was sentenced to a suspended sentence of 2 years on the grounds of the Defendant’s violation of the Trademark Act on November 9, 2013, and once again repeated the instant crime, and the Defendant opened four Internet shopping malls in the name of three accomplices during the remaining three months, and sold a group of approximately KRW 400 million through approximately 9,000,000 in total (However, there is a case where some of the orders was revoked or did not settle). Examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, consequence, and circumstance after the crime, etc., the sentence imposed against the Defendant is appropriate and it is not unreasonable to determine the sentence.

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

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