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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
Reasons
1. The defendant asserts that the sentencing of the court below (one year of imprisonment, confiscation, additional collection of 20720,000 won) is too unreasonable, and the prosecutor asserts that it is too unreasonable.
2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the issue is not less complicated in light of the number and type of forged goods kept and sold by the Defendant, and the crime of violating the Trademark Act is not less complicated due to the crime that infringes on the right of the registered trademark right holder and substantially disturbs the order of trade in the product market. Moreover, even though the Defendant had been punished for the same kind of crime, the Defendant purchased and sold fake bags directly in Seoul, and thus, the Defendant seems to need punishment corresponding to the Defendant’s crime is disadvantageous to the Defendant.
However, there are circumstances that the defendant committed the crime of this case in order to solve the problem of spouse's obligation while operating another store, and the defendant denied the crime at the early stage of investigation, but the circumstances cooperation in investigation such as making efforts to inform the manufacturer of counterfeit products after detention are seep. The actual selling price of fake bags such as the defendant's sales or storage is considerably different from the market price of the fixed goods in terms of quality and price, so it is unlikely for the general public to directly purchase it by misunderstanding it as good, and in light of the empirical rule and the general transaction concept, it is difficult for the general public to have no particular impact on the demand of the fixed goods sold by the trademark right holder, and the defendant will be engaged in a sound occupation in the future while reflecting the depth of the defendant's detention for about six months, and both 2,072,00 won and 2,0720 won in the trial have been prepaid at the same time, and the price between his family and his family members.