The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, three years of suspended execution, three years of probation, and two hundred hours of social service) is too unhued and unreasonable;

2. According to the provision of Article 97-2 (1) of the Trademark Act ex officio determination, goods, etc. provided for infringement of trademark rights under Article 93 of the Trademark Act or obtained by infringement thereof are to be confiscated as necessary. Thus, the type of attachment of forged trademark (No. 1 through No. 12) seized by the Seoul Northern District Prosecutors' Office (No. 3327) at the Seoul Northern District Prosecutors' Office 2013 pressure, which was held by the defendant for the purpose of sale, provided for infringement of trademark rights of the defendant or obtained by infringement, and all of them are subject to the necessary confiscation. Thus, the court below

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 93 of the Trademark Act and the choice of punishment concerning facts constituting an offense, each of them shall be punished by imprisonment and imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act on probation and community service order;

1. For the reasons for sentencing under Article 97-2(1) of the Trademark Act, the size and quantity of counterfeit goods provided by the defendant for the crime of this case is not significant, the defendant has four criminal records of punishment for the same kind of crime, and among them, disadvantageous circumstances such as the fact that the defendant has a past record of punishment, the defendant's mistake is against himself, and the whole of counterfeit goods kept by the defendant.