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(영문) 부산지방법원 2016.06.02 2016노308
상표법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year and six months of imprisonment with prison labor, three years of suspended execution, two years of protection, observation of collection and additional collection) is too uneasable and unfair.

2. Each of the crimes of this case committed the following facts: (a) it infringes upon the legitimate trademark right holder’s right; (b) at the same time disturbs the market economy order and damages the consumer’s trust; (c) it is not good to commit a crime; and (d) the Defendant plays an intermediary role in distributing counterfeit products in Korea over a period of two years; (b) it requires strict punishment in light of the period, quantity, and the degree of damage to emotional integrity; and (c) the Defendant has the record of being subject to punishment for one suspended sentence for the same crime committed against the Defendant.

However, taking account of the following circumstances, the Defendant’s confession of each of the instant crimes, and the Defendant’s benefit derived from each of the instant crimes is relatively little, and the Defendant’s age, sex, environment, family relationship, means and consequence of the instant crime, and other various factors, which form the conditions for sentencing as indicated in the records and theories on changes, such as the circumstances after the commission of the instant crime, do not seem to be unfair as the sentence imposed by the lower court is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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