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(영문) 서울북부지방법원 2020.12.03 2020노1100
상표법위반
Text

The defendant's appeal is dismissed.

The application of the law of the court below to "the crime of 1.1" is applicable to the law.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (the fine of five million won, confiscation) imposed by the court below against the defendant is too unreasonable.

2. Determination of the instant crime does not seem to have been an intentional crime planned from the beginning, and the fact that the Defendant appears to recognize and reflect the mistake, etc., which are favorable to the Defendant.

However, according to the records and arguments, the amount of clothes imported by the Defendant (5,410 points) and the market price of genuine goods corresponding thereto (80,000,000 won), the Defendant had been sentenced to a suspended sentence of two years in the period of imprisonment for a violation of the Trademark Act on July 2011, including the following facts: (a) the Defendant has been sentenced to a suspended sentence of two months for a violation of the Trademark Act on the same type as the instant case; and (b) there is no discovery of any special change in circumstances that could change the sentencing of the lower court after the lower court was sentenced, the lower court’s sentence

The defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. Since there is a clear clerical error such as the written order, the court below's decision to correct it ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure is delivered with the decision as above.

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