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(영문) 대구지방법원 2018.01.12 2017노4506
상표법위반등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years, for one year and two months, for Defendant B, and for Defendant C.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (defendant A: imprisonment of two and half years and confiscation; imprisonment of one year and six months; confiscation; imprisonment of one year and six months and one year and six months; and imprisonment of ten months and confiscation) is improper.

2. Each of the crimes of this case is likely to disrupt the normal distribution order of drugs and cause serious harm to the health of consumers. Furthermore, in light of the fact that the trademark right holders unfairly infringe on trademark rights, the number of forged drugs acquired or sold by the Defendants, in particular, Defendant A, and C is high and the sales period is longer high, Defendant A and C committed each of the crimes of this case even though they had been suspended for the same crime, and some of the crimes of Defendant A were committed during the period of suspension of execution, it is inevitable to sentence the Defendants to a sentence of imprisonment.

However, in light of the fact that the Defendants recognized the instant crime and reflected the fact that all the Defendants did not have any previous convictions, that all the Defendants seem to have a good health condition, that should consider equity in sentencing with similar crimes, and that taking into account all the sentencing conditions of the Defendants’ age, sex, environment, family relationship, circumstances after the instant crime, etc., the lower court’s punishment is too unlimited and unfair, and thus, the Defendants’ assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and evidence acknowledged by this court is as follows: (a) of the judgment of the court below, the summary of the facts constituting an offense and evidence is identical to each corresponding column, except for the addition of “1. Investigation Report (the result of appraisal of ingredients - A and the result of appraisal of ingredients - C)” to the column for the evidence. As such, they are cited as it is in accordance

Application of Statutes

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