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(영문) 부산지방법원 2016.08.18 2016노1708
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (a year of imprisonment, a two-year suspension of execution, a community service work 120 hours and confiscation) on the summary of the grounds of appeal is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confession of the instant crime and reflects the mistake, and the first offender without any previous conviction.

However, the crime of this case is not easy in terms of infringing the rights of the registered trademark right holder and disturbing the market transaction order, and the quantity of counterfeit goods sold or kept by the defendant for sale is not small, the court below has determined the punishment by fully considering the circumstances favorable to the defendant, and there is no change in circumstances that may be considered in sentencing in the trial, and other various sentencing conditions such as the defendant's age, sex, environment, means and method of the crime, and circumstances after the crime are considered, it cannot be deemed unfair because the sentence 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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