The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. The summary of the grounds for appeal is too heavy (two months of imprisonment, and confiscation) of the lower court.

2. The types and number of the trademark rights infringed upon by the defendant while operating a street store is not a large number of times, and there are the records of punishment for the same kind of crime, and the responsibility for such crime is heavy;

However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime and the Defendant’s mistake in light of his depth through his prison life; (b) the removal of the Defendant’s operating street store after the instant crime and expected not to prevent the infringement of trademark rights; (c) the benefits acquired by the instant case does not appear to have much; and (d) the Defendant’s family members to support the instant crime and all other circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, circumstances after the crime, economic situation, etc., and the sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is unreasonable.

I would like to say.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Relevant Article 93 of the Trademark Act and the Selection of Imprisonment with prison labor for criminal facts;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances of the grounds for reversal);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Confiscation (Defendant A) Article 97-2 (1) of the Trademark Act;