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(영문) 춘천지방법원 강릉지원 2014.08.19 2014노143

상표법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 300,000 won) of the lower court is deemed to be too unhued and unreasonable.

2. Prior to the judgment on the grounds of appeal by the prosecutor, the prosecutor examined ex officio prior to the judgment on the grounds of appeal by the prosecutor, and each transaction item listed in the annexed Table 3, 5, 10, 11 of the judgment of the court below among the facts charged in the instant case is added to "Dau EV291BR" or "Mau eV288BR", and applied for permission to amend the indictment with "Articles 37 and 38 of the Criminal Act" added to "Article 37 and Article 38 of the Criminal Act" to the applicable provisions, and the judgment of the court below is no longer possible. 3. As such, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Act without examining the grounds of appeal by the prosecutor, and it is again decided as follows. The summary and summary of the facts charged and evidence stated in the judgment of the court below and the summary of the EV 1, 381, 380, 197, 197.

Application of Statutes

1. Relevant Articles of the Trademark Act and Article 93 (Selection of Fine)

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

1. Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The fact that the amount of damage caused by the defendant's infringement of trademark rights for the sentencing reason of Article 334(1) of the Criminal Procedure Act is not significant, on the other hand, the defendant led to the confession of the crime and the violation of other trademark rights at the same time similar to this case, and the punishment of a fine was imposed.