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(영문) 서울중앙지방법원 2015.01.16 2014노4578
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (two years of suspended execution for four months of imprisonment, probation, and 80 hours of community service order, confiscation) is too heavy in consideration of the circumstances leading up to this case, the economic situation of the defendant, etc.

2. It cannot be deemed that the Defendant had a criminal record exceeding the fine and the size of the infringement of the trademark right of this case was broad.

However, in full view of the following: (a) possession of goods bearing an stolen trademark to transfer or deliver to another person; (b) infringement of trademark rights; (c) various types of trademark rights infringed; and (d) the Defendant has been punished for the same kind of crime three times; and (c) other factors of sentencing as indicated in the records and pleadings of the instant case, including the Defendant’s age, environment, economic condition, character and conduct, and circumstances after the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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