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(영문) 대구지방법원 2015.02.13 2014노2833
상표법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (i.e., a fine of one million won) of the lower court’s punishment (i.e., a suspension of sentence, confiscation) is too uneased and unreasonable;

2. The crime of this case is not against the legitimate trademark right holder's right and disturbs the market economy order, and the defendant's liability for the crime of this case is minor.

Meanwhile, it is difficult to consider the above circumstances in light of the circumstances favorable to the defendant, although it is difficult to take into account the fact that the defendant led to the confession of the crime of this case, the fact that the defendant had no record of criminal punishment, and the provisional room of this case were seized, and the amount of the defendant's age, character and conduct, environment, background, motive, means and method of the crime of this case, circumstances after the crime, etc. are considered, such as the defendant's age, character and behavior, environment, the circumstances after the crime of this case, etc., it is not determined that the court below's punishment is unreasonable because it is too unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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