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(영문) 서울동부지방법원 2017.01.18 2016고단3513

상표법위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a discount store in Songpa-gu Seoul Metropolitan Government 40-1.

1. On February 11, 2016, the Defendant violated the Trademark Act by displaying and keeping 119 original block blocks with the same forged trademark as the original source (registration number No. 0508626) registered by the media corporation, in the above D shop.

2. 저작권법위반 피고인은 제 1. 항 기재 일시 및 장소에서, 저작권 자인 대원 미디어 주식회사의 허락을 받지 아니한 채 위 대원 미디어의 저작물인 원피스, 도 라에 몽, 짱구 캐릭터 모양을 그대로 복제한 나노 블록 총 358개를 판매하고자 전시 ㆍ 보관하여 저작권을 침해하였다.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police for E;

1. Protocol and list of police seizure;

1. Seized articles and on-site photographs;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 230 of the Trademark Act, Article 136 of the Copyright Act, Article 136 (1) 1 of the same Act, which provides for criminal facts (or choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Article 236(1) of the Trademark Act, Article 139 of the Copyright Act provides that a short-term lease of an underground commercial building and employed by a seller to sell counterfeit items that infringe on copyright, etc. on the grounds of sentencing, and that the amount of the sold goods and the goods kept in custody for sale is not much weak.

However, there is no record of punishment exceeding the same kind of punishment and fine, and the fact that the crime of this case seems to be delayed after the crime of this case, etc., the punishment shall be determined like the order in consideration of the favorable circumstances for the defendant.