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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven months.
No. 1 to 23 of seized evidence.
Reasons
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. The act of infringement of trademark rights is not only impairing the business reputation of the trademark right holder, but also that it cannot be deemed that the quality of the crime is weak because of the crime that disturbs the sound market order, and the defendant has 8 or more times of punishment as a violation of the Trademark Act since 2004, while the defendant committed a second offense during the suspension period, it is inevitable to sentence the defendant as a sentence.
However, in full view of the records and the results of the trial in this case, there is a significant difference in terms of quality and price when compared to the well that the general public is unlikely to purchase it as well as to have little influence on the demand of the well sold by the trademark right holder in light of the empirical rule and the general transaction concept. Above all, the defendant has been detained for seven months in prison for the defendant, and the defendant did not repeat again, and the defendant did not repeat again again for about twenty years after the divorce, and the fact that the health situation is not good due to the heart disease and the scarcity for about twenty years after the divorce, and the sentencing conditions in the records such as the character, character, and environment of the defendant seems to be somewhat inappropriate.
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. Article 93 of the Trademark Act, each of the applicable laws and the choice of punishment for facts constituting an offense, shall be covered by each registered trademark;