The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years 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 after the suspension of execution, community service hours and the confiscation) of the lower court is too unreasonable; and

2. The crime of this case is not against the quality of the crime in that it infringes on the rights of the trademark right holders and disturbs the market order, and the defendant is punished three times for the same crime and requires strict warning.

However, in light of the following circumstances: (a) the Defendant went to the instant crime while operating a small-scale store store in order to support his family; (b) the Defendant sold or stored counterfeit scambling system was created roughly and clearly distinguishable from the scambling system; (c) the actual selling price is far below 10% of the market price of the scambling system; and (d) the Defendant was unable to carry out the community service order due to the scam disc, etc.; and (b) other circumstances, such as the Defendant’s age, character and behavior, character and environment, motive and background of the crime, and the circumstances before and after the crime, etc., the sentence imposed by the lower court seems somewhat unreasonable.

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 the 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 as to facts constituting an offense (limited to each registered trademark);

1. Where several trademark rights are infringed by a single act of commercial concurrence, several violations of the Trademark Act are established, and each crime is in a relationship of commercial concurrence.

Articles 40 and 50 (Trade Violation of the Trademark Act by Registered Trademark) of the Criminal Act

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act: