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(영문) 서울중앙지방법원 2015.12.11 2015노3874
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of one million won, confiscation) imposed by the court below is too unreasonable.

2. In full view of all the circumstances, including the Defendant’s character, age, living environment, family relationship, motive, means and consequence of the crime, the amount of punishment imposed by the lower court is too unreasonable, in light of the following: (a) the Defendant’s mistake is against the Defendant; (b) the quantity of forged goods is low; (c) the Defendant did not have the same criminal record; or (d) the lower court reduced part of the fine for a summary order by taking account of the circumstances favorable to the Defendant, which are favorable to the Defendant; (b) the instant crime infringes on the legitimate trademark right holder’s right; and (c) at the same time disrupts the market economy and damages the consumer’s trust

3. Therefore, 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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