We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 15, 16, 17, 18, 27 through 27.

1. The sentence (a year and two months of imprisonment, confiscation and collection) sentenced by the first instance court on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. On October 20, 2015, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of the Punishment of Violences, etc. (joint injury) at the Seoul Western District Court on June 2015, and the judgment became final and conclusive on April 14, 2016. The Defendant’s crime of violation of the Punishment of Violences, etc. Act (joint injury) against the Defendant, which became final and conclusive on April 14, 2016, is in a concurrent relationship with the latter part of Article 37 of the Criminal Act with the crime of violation of the former part of Article 39(1) of the Criminal Act by taking into account equity with the case where the judgment is concurrently rendered, and thus, the judgment of the first instance cannot be maintained.

3. According to the conclusion, without examining the grounds for appeal by the prosecutor, the judgment of the first instance court ex officio pursuant to Article 364(6) of the Criminal Procedure Act shall be reversed, and the following judgment shall be rendered again after pleading.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are as follows: "The defendant was sentenced to one year after he/she was sentenced to a suspended sentence of six months in Seoul Western District Court on October 20, 2015 to a violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul Western District Court on April 14, 2016, and the judgment became final and conclusive on April 14, 2016" in the summary of the evidence, and "1. In the summary of the evidence, it is identical to the corresponding column of the judgment of the court of first instance, except for the addition of "a criminal record: inquiry about criminal history, inquiry about summary of the case, search of B case, and sentence", and thus, it is cited as it is in accordance with Article 369 of

Application of Statutes

1. Relevant Articles of the Trademark Act and the choice of punishment for facts constituting an offense, each of the Articles 93 and 93 of the Trademark Act ( comprehensively including each registered trademark) and each of the two Articles;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 97-2 (1) of the Trademark Act (hereinafter referred to as the "Confiscation").