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(영문) 수원지방법원 2019.11.28 2019노4599
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) of the original judgment is too unreasonable.

2. The judgment of the court below is recognized that the defendant led to a confession of the crime and reflects the depth of the crime, that the defendant is deemed to have committed the crime of this case for living, that the defendant is a seller at a comprehensive food store after the crime of this case is retired from the street store, and that the defendant does not repeat the crime, and that the defendant's health is not good, and that the defendant's profit acquired by the crime of this case is not high, but the court below also determined the punishment in consideration of all the above sentencing reasons.

In this situation, the crime of this case was committed by the Defendant, who sold the clothing used without permission for the registered trademark at a street, and the quality of the crime was inferior in light of the content of the crime and the method of the crime, and the Defendant was punished twice for the same kind of crime since 2017. In particular, the Defendant committed the crime of this case even while he was under the judgment (U.S. District Court Decision 2018 high-level25819) by committing the crime of the same kind. In full view of the Defendant’s age, career, character and behavior, environment, motive, means and consequence of the crime, the punishment of the lower court cannot be deemed to be unfair because the sentence of the lower court is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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