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All appeals by the Defendants are dismissed.
Reasons
1. Each sentence of the lower court against the Defendants in summary of the grounds for appeal is too unreasonable.
2. The defendants recognized all of the crimes of this case, and there was no criminal history until the transfer of this case.
However, each of the crimes of this case is that the defendants imported 594 counterfeit goods in about five months, and the defendant A imported 130 counterfeit goods in about one month separately from the defendant A, and the crime period and the volume of the stolen goods imported is reasonable, as well as the situation that all the counterfeit goods were distributed in Korea, the crime quality is not weak in consideration of the fact that they were distributed in Korea.
The judgment of the court below that sentenced Defendants A and F shall be sentenced to a fine for concurrent crimes by applying Article 38(1)2 of the Criminal Act to the violation of the Customs Act, which is a substantial concurrent crimes, and the violation of the Trademark Act. However, Article 278 of the Customs Act excludes the application of the aggravated restriction on concurrent crimes among Article 38(1)2 of the Criminal Act to the violation of the Customs Act. As such, in determining the punishment for a fine against the above Defendants, the punishment for a fine shall be determined by adding it to the following methods: (a) a fine for a violation of the Customs Act and a fine for a violation of the Trademark Act, respectively.
However, even if a fine is determined by the above method, as long as it is reasonable for the lower court to maintain the amount of the fine so determined, the lower judgment is not reversed on the ground that it is reasonable.
In comparison with the sentencing cases in similar cases, it is rather minor, and there is no change in circumstances that are conditions for sentencing in the trial in comparison with the original judgment.
In addition to these circumstances, all of the circumstances, including the Defendants’ age, sex, environment, circumstances leading up to the commission of the crime, and circumstances after the commission of the crime, are considered.