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(영문) 의정부지방법원 2013.07.25 2013노769
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (7 million won of fine) is too unreasonable.

2. Even when considering the fact that the defendant's profits from the crime of this case seems to have not been significant, and that the defendant repented in depth of his mistake, the crime of this case is committed in light of the fact that the crime of this case is committed in terms of infringing the rights of the registered trademark right holder, unfairly gains profits, and disturbing market order at the same time, and that the market price of the forged product of this case is considerably large; the defendant has a history of criminal punishment for the same kind of crime; the defendant's leakage and accomplice B has not been prosecuted; and other factors leading to the crime; the defendant's age, character and conduct, family environment, circumstances after the crime, etc., the sentence of the court below against the defendant is too unreasonable in light of all the sentencing conditions indicated in the records of this case.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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