상표법위반
The defendant shall be innocent.
1. The summary of the facts charged of the instant case is as follows: (a) the Defendant conspired with C and D to sell the 4 metarithm in a fake mixd “SAm UNG” sign, which was imported in China, on August 21, 2012, the Defendant infringed the trademark right of the trademark right holder by selling to G the four-dimensional mixed 1,49 (hereinafter “instant products”) with a trademark registered by “SAmPG” (No. 400817494000, trademark registration number No. 400), a trademark registered by “SAmP Co., Ltd.” (hereinafter “instant products”).
2. Determination
A. In a criminal trial, the conviction of a person guilty should be based on evidence of probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no evidence to form such a degree of conviction, the defendant is suspected of guilty even if there is no evidence to establish such a conviction.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 9Do4305 delivered on February 25, 2000, etc.). B.
The facts charged of the instant case premised on the fact that the Defendant was aware of the fact that the instant product was a forged product. In the instant case claiming that the Defendant had consistently sold the instant product from the investigative agency to G via D with the knowledge of the fact that the instant product was a authentic product from the investigative agency to the present court, it is insufficient to recognize that the respective statements of C, D, and G involved in the trade of the instant product are inconsistent with the Defendant’s defense, and that other evidence submitted by the prosecutor alone are insufficient to recognize that the Defendant sold the instant product as a forged product, and there is no evidence
3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 325