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(영문) 부산지방법원 2016.06.02 2016노378
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (two years of suspended sentence in four months of imprisonment) is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confessioning of the instant crime and being against the Defendant.

However, the crime of this case is committed in that it infringes upon a legitimate trademark right holder's right and disturbs the market economy order and damages the consumer's trust, and it is not good that the defendant committed the crime of this case again without being aware of the fact that he was punished four times as a fine for the same kind of crime, and that there is no change in circumstances to take into account the grounds for sentencing in the trial, and other various circumstances that are the conditions for sentencing as indicated in the records and theories of this case, such as the defendant's age, sex, conduct, environment, family relationship, means and consequence of the crime, etc., the punishment imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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