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(영문) 대전지방법원 2013.04.24 2013노148 (2)
상표법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the court below against the Defendants [the sentence of a fine of one million won, a fine of two million won, a fine of one million won, a fine of a fine of one million won, a fine of a fine of one million won, a fine of a defendant G, a fine of KRW 700,000, a fine of a defendant H, M, N, andV: the former sentence of a fine of one million and five hundred and fifty thousand won (the former sentence of a fine of three million, a fine of three million, a defendant, a M, a N, a N, a document, a document: a fine of three million won, a document of three million won, a document of fine of each of the defendants, a document of two million and a document of fine of two million won)] is unfair.

2. In light of the fact that the Defendants’ act of selling forged trademark attachment, such as the instant crime, upon infringement of the trademark right holder’s rights, obtains unjust benefits and at the same time causes confusion in distribution and transaction order, the Prosecutor’s assertion that it is necessary to punish the Defendants strictly.

However, the Defendants appears to have taken the attitude that all the crimes of this case were committed, and the size of counterfeit goods sold in this case and the amount of profit therefrom are not significant, in the case of Defendant C, H, M, N, and V, but the lower court appears to have determined each kind of fine according to the Defendants’ criminal records and the sales amount of counterfeit goods. In full view of all other circumstances, including the Defendants’ age, character, character, environment, background of the crime of this case, circumstances before and after the crime, etc., the lower court’s sentence against the Defendants is deemed to be reasonable and unreasonable, and the Prosecutor’s aforementioned assertion is without merit.

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

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