The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. In so determining, the lower court erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too uneased and unreasonable.

2. According to the provision of Article 236(1) of the Trademark Act regarding the assertion of misunderstanding legal principles, goods, etc. provided for infringement of trademark rights under Article 230 of the Trademark Act or obtained by such infringement shall be confiscated as necessary.

In this case, the goods of this case, which were displayed, exhibited, or possessed by the defendant for the purpose of selling or transferring them, are all the goods provided for the defendant's trademark infringement act or obtained by the infringement act, and are subject to requisite confiscation, but the court below erred by failing to confiscate the above

3. If so, the prosecutor’s appeal on the misapprehension of the legal principle is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act without examining the argument on unfair sentencing, and the following is

[Discied Judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 3

Application of Statutes

1. Article 230 of the Trademark Act (with respect to each type of registered trademark, referring to imprisonment), respectively, to the applicable law as to facts constituting an offense and the choice of punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The crime of this case, on the grounds of sentencing of Article 62(1) of the Trademark Act, is punished for infringing on the business reputation and rights of the owner of the trademark right without permission, and impairing the fair market order, as well as impairing the trust in the trademark, by using the registered trademark formed by the failure of investment and effort of the owner of the trademark right.