The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (the imprisonment of 10 months and the imprisonment of 2 years and 160 hours and the community service work for 160 hours) of the lower court is too unreasonable; and

2. As to the instant case, the crime of violating the Trademark Act is not easy in that it infringes on the right of the trademark right holder and disturbs the market transaction.

However, even though the defendant manufactured a bank for about 40 years in operating a small-scale store in the form of inland water industry, it was first controlled as a violation of the Trademark Act; most of the forged bags handled by the defendant are used for the opening of a type of business such as bath and healthcare room, and the actual selling price is about 1/400 of the fixed price, and there is a significant difference in quality and price compared to the fixed goods, so there is little possibility for the general public to directly purchase it, and in light of the empirical rule and the general transaction concept, it is difficult for the general public to misunderstand it as a good, and in light of the empirical rule and the general transaction concept, it is said that the social service work for the long time can seriously compromise the demand of the fixed goods sold by the owner of the trademark right; and considering that the defendant is an aged small business operator, the sentencing of the court below is too excessive, taking into account all the circumstances of the punishment shown in the records, such as the defendant's age, character, and environment.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column 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. Each Article 93 of the Trademark Act applicable to facts constituting an offense. Article 93 of the same Act is applicable to each of the registered trademarks;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Aggravation for concurrent crimes;