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(영문) 창원지방법원 2016.06.30 2016노825
상표법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Five seized bags (No. 1).

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (amounting to KRW 500,00,000) of the court below is too unreasonable.

2. In full view of the following facts: (a) the judgment of the court below is based on the following: (b) the Defendant’s confession of the offense; (c) the degree of infringement of trademark rights is minor; (d) the first offender; and (e) the Defendant’s age, family relationship, economic situation; (e) background and motive leading to the offense; and (e) other matters regarding the sentencing as indicated in the records and arguments on changes, the Defendant’s assertion is reasonable, since the punishment of

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 93 of the relevant Act on criminal facts and Article 93 of the Trademark Act on the Selection of Punishment (Optional to Penalty);

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Article 59 (1) of the Criminal Act (Reasons for reversal of sentence) of the suspended sentence;

1. Article 97-2 (1) of the Trademark Act that has been confiscated;

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