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(영문) 서울남부지방법원 2017.12.22 2017노1347
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and four months of imprisonment) is too unreasonable.

2. The judgment of the court below on the grounds of sentencing (the need to prohibit trademark infringement crimes, the records of the suspended sentence due to a violation of the Copyright Act, the recovery of crimes and the degree of damage, the degree of damage, the balance between the level of punishment against J and I), the degree of damage recovery even based on the data additionally submitted in the trial, there is no difference in the degree of damage recovery, and the sentence imposed by the court below on the defendant is judged appropriate and is too unreasonable, and the defendant's assertion is without merit.

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. It is so decided as per Disposition.

However, in the application of the text of the lower judgment, it is obvious that the term “former Trademark Act (Amended by Act No. 14033, Sep. 1, 2016)” is a clerical error in the former Trademark Act (Amended by Act No. 14033, Feb. 29, 2016); thus, it is corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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