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(영문) 인천지방법원 2013.04.11 2012노3183
상표법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the sentencing of the court below (10 months of imprisonment with prison labor for the defendant A and 6 months of imprisonment for the defendant B) is too unreasonable.

2. The defendants recognized the crime of this case and reflects the fact that the defendant A did not have the same criminal records, but did not reach KRW 300 million of the value of the product with the forged trademark sold by the defendant A, and the defendant B sold the product in a systematic and secret manner for a long time, and the defendant B committed the crime of this case again during the grace period, even though he was sentenced to a suspended sentence of imprisonment for the same kind of crime.

In addition, considering the value of the goods with a forged trademark sold or kept by the Defendants, the Defendants’ age, character and conduct, family environment, circumstances leading to the instant crime, and the various sentencing conditions as shown in the records and arguments, such as the circumstances before and after the instant crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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