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The judgment below
The guilty portion shall be reversed.
Defendants shall be punished by a fine of KRW 3,000,000.
Defendant
C above.
Reasons
1. The lower court found the Defendants not guilty of the violation of the Utility Model Act among the facts charged in the instant case, and convicted the Defendants of the violation of the remaining Design Protection Act.
However, since the defendants appealed from the judgment of the court below only on the grounds of unfair sentencing and the prosecutor did not appeal against the acquittal portion, the part of the judgment below's acquittal portion has been separately decided and only the remaining conviction portion is subject to the judgment of this court
2. The summary of the grounds for appeal (e.g., the Defendants withdrawn the assertion of “the truth-finding” among the initial grounds for appeal on the fourth trial of the court of first instance. A.
Each sentence of the lower court against the Defendants (a fine of KRW 5 million) is too unreasonable.
B. The lower court’s punishment against the Defendants by the prosecutor is too unfasible and unreasonable.
3. Determination of the instant crime is not only a long-term period of up to one year and nine months, but also a quantity of a greenhouse opening and closing machine manufactured as well as a quantity of a plastic house opening and closing machine, etc., which is disadvantageous to the Defendants.
However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendants’ environment, motive, means and consequence of the crime, the punishment imposed by the lower court on the Defendants is unreasonable, and thus, the Defendants’ assertion of unfair sentencing is with merit and without merit. The Prosecutor’s assertion of unfair sentencing is without merit.
4. In conclusion, the defendants' appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the appeal is again made as follows.