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(영문) 부산지방법원 2014.07.17 2014노1259
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. The judgment of the court below does not seem to have taken into account the following circumstances: (a) the fact that the defendant's mistake was committed properly and the defendant's family's economic condition is not good; (b) the appearance of the mobile storage device where the defendant attached a forged trademark is identical to the refined product; (c) the appearance of the portable storage device where the defendant sold the forged trademark is attached to the "Mb disc disc Korea Certification Stackers"; (d) the victim's trademark rights are infringed; and (e) the damage to the general consumers is unlikely to occur; and (e) the defendant did not agree with the victim until now; (e) the defendant did not take into account the circumstances where the defendant did not agree with the victim; (e) the court below reduced the amount of fine for the summary order (three million won of a fine) by taking into account the above favorable circumstances; and (e) there is no change of circumstances that may give special consideration to the sentencing after the decision of the court below was made; and (e) considering the motive and circumstances of the crime in this case, the defendant's age, character, and environment, etc.

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

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