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(영문) 서울동부지방법원 2015.02.05 2014고단4011

상표법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who, from around December 2012, operates a wall manufacturing plant in the B underground of the government city from his/her own city.

From April 1, 2014, the Defendant, from around 17:30 on December 1, 2014, when producing a wall with a forged trademark affixed at the above place, kept 3,191 points (total sale price of 16,583,200 won) of counterfeit products with a forged trademark attached with a forged trademark attached at the same shape as that of the trademark owner, “PDRA” (No. 350206) at the above place for sale at the above place, including 603 points (sale market price of 783,90 won) where a forged trademark attached, as shown in the attached list of crimes.

Accordingly, the defendant committed the infringement of trademark rights.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Records and lists of police seizure;

1. Report of investigation (report appended to the trademark register);

1. Application of Acts and subordinate statutes on control field photographs;

1. Article 93 of the relevant Articles of the Trademark Act concerning criminal facts;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 97-2 (1) of the Trademark Act;

1. Scope of sentence recommended by the sentencing guidelines [decision of type] Intellectual property rights crimes. Registration infringement [decision of the recommended field] basic area [Scope of sentence for recommendation] 10-2 years [Scope of sentence for recommendation according to the guidelines for handling multiple crimes] 10-3 months from October to March 3 months;

2. The decision of sentence shall be made in accordance with the text, taking into consideration the overall circumstances shown in pleadings, such as the defendant's age, character and conduct, occupation, intelligence and environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., and others, such as the fact that the defendant is led to confession and is against himself, there is no history of punishment imposed or beyond the fine for the