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(영문) 대구지방법원 2014.06.20 2014노1137
상표법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The judgment committed the instant crime even while the Defendant was under criminal trial, and committed repeatedly the same crime even though he had been sentenced to a three-year suspended sentence due to the violation of the Trademark Act. However, although the Defendant made confession of all the instant crimes and repeatedly committed the instant crimes despite the fact that he was sentenced to a three-year suspended sentence due to the violation of the Trademark Act, the Defendant did not have good health conditions due to diseases, such as cerebrsomy infection and livering, and the Defendant did not appear to be arrested after the instant crime, and was released from prison on November 4, 2013, and was again detained on the instant case on February 25, 2014, considering the following factors: (a) the suspended sentence for the instant crime was revoked during the suspended sentence; (b) the Defendant was sentenced to imprisonment with prison labor for a certain period; (c) the Defendant was sentenced to imprisonment with prison labor for a more favorable motive and condition; and (d) the Defendant appears to have been released from prison punishment for the instant crime; and (c) the Defendant’s motive and condition of the instant punishment were considered to be revoked.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the following judgment is rendered after pleading.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

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