logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.04.10 2013노148 (1)
상표법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the fact that the defendants' sales period and amount of counterfeit goods are significant, etc., the sentence of the court below against the defendants (the amount of fines of KRW 700,000 for each fine of KRW 2 million) is too uneased.

2. In light of the fact that the Defendants’ act of selling forged trademark attachment, such as the instant crime, upon infringement of the trademark right holder’s rights, obtains unjust benefits and at the same time causes confusion in distribution and transaction order, the Prosecutor’s assertion that it is necessary to punish the Defendants strictly.

However, in full view of all the circumstances such as the defendants' age, character and conduct, environment, background of the crime of this case, and circumstance before and after the crime of this case, the defendants seems to have committed the crime of this case, the size of counterfeit goods sold in this case and the amount of profit therefrom are not significant, and the defendants did not have any criminal record in addition to punishment of different types once, and the defendants did not have any criminal record, and the court below's sentence against the defendants is deemed to be reasonable and unfair. Thus, the prosecutor's aforementioned assertion is without merit.

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. It is so decided as per Disposition.

arrow