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(영문) 수원지방법원 성남지원 2016.09.29 2016고단1584

식물신품종보호법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On January 10, 2012, an application for plant variety protection was filed on January 10, 2012 with respect to a temporary protection right infringement and plant variety protection right infringement, the Committee of Steering Committee of the National University of the State of the State of the State of the University of the Republic of Korea on the part of the injured party, for plant variety protection on March 15, 2012, the application for plant variety protection was made public on April 8, 2015, and registered as Nos. 5415, 5425, and Liber as No. 5418, respectively.

On January 10, 2012, the Victim Choi University Research Foundation (Univth National University Research Foundation) filed an application for plant variety protection on January 10, 2012 for plant variety protection with respect to species of blue blue water (Suzibl), Lebl (Rebl), and Carel (Claelia), and on March 15, 2012, the application for plant variety protection was made public on April 8, 2015, and registered as No. 5421, No. 5422, and Carel as No. 5424, respectively.

Despite the fact that anyone does not infringe a temporary protection right and a plant variety right, the defendant, from around March 2009 to around March 2013, operated a 'D' farm in Gwangju-si in Gyeonggi-do, while purchasing from May 2012 to March 2013 a total of 800-1,000 Libers, Dricker, Dricker, Gael, Gael Lela in total from 'G operated by F in Gyeong-gun-gun, Gyeong-gun, Gyeong-gun, Gyeong-si, Gyeong-si, and displayed and sold it without permission, and around July 2013.

A. On October 6, 2013, the Defendant sold KRW 50,000,00 in total, 1,050,000, a total of 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

B. On May 21, 2015, the Defendant had a variety protection right for a victim’s non-permanent university operating committee, who illegally reproduced L from the above “D” farm.