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(영문) 부산지방법원 2017.07.07 2017노1030
상표법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

heading 2 to 39, respectively, of seized evidence.

Reasons

1. The sentence imposed by the court below (a year and six months of imprisonment, confiscation, collection 5,6550,00 won) on the summary of the grounds for appeal is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s authority is examined ex officio prior to the judgment on the grounds for appeal by the Prosecutor, and the Prosecutor’s oral 11,310 satisfaction (an amount equivalent to KRW 8.366,97 million at the fixed price) of the instant facts charged No. 19 of the instant facts charged is as follows: “ verbal 6,310 satisfaction (an amount equivalent to KRW 4.385,200,000 at the fixed price)”; and “the list of crimes No. 1” under the attached Table No. 1 of the Crimes List / [1], and the subject of the judgment by this Court was changed to the subject of the judgment by permitting it. In this respect, the lower judgment was no longer maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: (a) the facts charged and the summary of the evidence are as follows: (b) the oral 11,310 satisfaction (an amount equivalent to KRW 8.366,970,000) of the judgment of the court below (an amount equivalent to KRW 8.366,970,000) 9; (c) the oral 6,310 satisfaction (an amount equivalent to KRW 4.385,20,000,000)"; and (d) the daily list of crimes in attached Table 1 [1]; and (e) the statement in the column of the evidence for the examination is as stated in each corresponding column of the judgment of the court below, except for the addition of “1.1. investigation report (examination of the facts charged, etc.)” in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 230 of the Trademark Act concerning facts constituting an offense (including each registered trademark);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between violations of each Trademark Act due to the custody of forged goods);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act [Attachment 50].

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