The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed to have committed the crime of this case by infringing on the right of the owner of a trademark right and at the same time taking advantage of the infringement of the right of the owner of the trademark right, and at the same time disturbing order in the market, the estimated market price of the counterfeit goods of this case is reasonable, and

However, the defendant is the first offender, and the actual gains from the crime of this case are not significant.

Consumers who have purchased the counterfeit goods of this case also have a high probability of recognizing that the goods are fake goods.

The Defendant committed the instant crime in depth and reflects the mistake of the instant crime, and made a contribution to the Community Chest of Korea with a considerable amount of money to the Community Chest of Korea as a sincere member of society without recommitting the crime.

In addition, considering all the following factors: the Defendant’s age, character and conduct, the environment, the motive and background leading to the instant crime, and the circumstances before and after the instant crime, etc., the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

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

Application of Statutes

1. Article 93 of the relevant Act concerning facts constituting an offense and Article 93 of the elective Trademark Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (the conditions favorable to the preceding);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Article 97-2 (1) of the Trademark Act that is confiscated;