상표법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: the Defendant purchased HFA-305 Bacton 15 Bacton and HFA-306 Bacton 15 Bacton Bacton 15 Bacton (hereinafter collectively referred to as the “each of the instant Bacton Bacton”), and carried them into the Republic of Korea, carried them into the Republic of Korea; the Defendant also holds a receipt issued from the head office of China in the process of the aforementioned purchase; the Defendant puts a Macton Hacton Hack in the Macton Hacton Hack; the new method of distinguishing pachers is the QR code is attached to each of the instant Bacton Macton Macton ; and the Defendant’s purchase and sales of each of the instant Bacton 15 Bacton Docton 15 Docton nac, but the lower court found the Defendant guilty as to this part of the facts charged.
2. Determination
A. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance examination and the results of the additional examination of evidence conducted by the time the argument in the appellate trial is concluded, the appellate court should respect the judgment on the credibility of the statement made by the witness of the first instance.
(see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).
A thorough examination of the evidence duly adopted and examined by the court below based on the above legal principles, the court below directly completed the examination of evidence by undergoing the examination procedure for the victim E, etc., and stated the reasons in detail in the “determination of the defendant’s assertion” item.