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(영문) 부산지방법원 2016.06.23 2016노979
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won in penalty and confiscation) is too unreasonable.

2. Recognizing the Defendant’s criminal act of this case, the circumstances such as the Defendant’s mistake reflects the Defendant’s mistake, and the Defendant’s absence of the same criminal record are recognized.

However, in light of the fact that the crime of this case was committed in violation of the rights of the registered trademark right holder and disturbing the market order, the nature of the crime is not weak, the fact that there is no change in circumstances that differs from the original judgment in the trial, and other various sentencing conditions such as the defendant's age, sex, environment, means and method of the crime, circumstances after the crime, etc., the punishment imposed by the original judgment cannot be deemed unfair because it is too unreasonable.

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

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