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(영문) 광주지방법원 2015.10.14 2015노245
상표법위반등
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 years of suspended sentence for six months of imprisonment, eight hours of community service order, confiscation) is too unreasonable.

2. The judgment of the court below is deemed to have recognized the defendant's mistake and reflect his business, closed down his business, and is responsible for the livelihood of six family members including the mother, but on the other hand, it is deemed to have committed the crime of this case in violation of the Pharmaceutical Affairs Act in 2009, even though there was a record of punishment of each fine due to the violation of the Trademark Act and the violation of the Pharmaceutical Affairs Act in April 2014, the fact that the defendant committed the crime of this case again in light of other unfavorable circumstances, such as the background of the crime of this case, circumstances after the crime of this case, the situation after the crime of this case, the defendant's age, character and behavior, and environment, and thus, it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant'

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

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