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(영문) 서울중앙지방법원 2018.06.01 2018노837
상표법위반등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Defendant

B, C, and D.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendants alleged unfair sentencing (i.e., one year and six months of imprisonment; (ii) the Defendant B’s imprisonment with prison labor for 10 months; 2 years of suspended execution; confiscation; community service; 160 hours; (iii) Defendant C: imprisonment with prison labor for eight months; 2 years of suspended execution; 160 hours of community service; (iv) Defendant D: imprisonment with prison labor for eight months; 2 years of suspended execution; and 80 hours of community service) is too unreasonable.

B. The lower court erred by misapprehending the legal doctrine on Defendant A and its sentencing 1) by misapprehending the legal doctrine on additional collection, thereby failing to impose an additional collection on the Defendant due to a violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds.

2) The sentence of the lower court (one year and six months of imprisonment) that was unfair in sentencing is too uneasy and unreasonable.

2. Judgment on the Prosecutor’s assertion of misunderstanding the legal principles on Defendant A

A. The lower court’s judgment determined as follows: (a) as to the assertion of additional collection of KRW 686,534,300, which the Defendant received by the prosecutor as the sales proceeds, the Defendant was also investigating the production measures of the counterfeit goods in accordance with Defendant A’s investigation cooperation; (b) was deemed to have been paid advertising expenses through Defendant F and E; and (c) all of them may be deemed to have been co-offenders of the crime of violating the Trademark Act; (d) thus, the amount of goods or advertising expenses paid to the co-offenders at least out of the profits earned by Defendant A from the sale of the instant fake goods

However, the evidence submitted by the prosecutor alone does not specify the amount of money to be distributed to accomplices' personal information and accomplices.

In addition to the above circumstances, additional collection under Article 10 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds is a voluntary additional collection and considering that the defendant is sentenced to a sentence, it is reasonable to not impose additional collection on the defendant.

on the ground that 'the penalty was not imposed'.

B. Determination 1 on the basis of the party deliberation) Costs spent by the offender in order to obtain criminal proceeds have been disbursed from criminal proceeds.

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