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(영문) 대법원 2017.01.12 2016도7316

상표법위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court: (a) intentionally committed an infringement on trademark rights by the Defendant;

It is difficult to readily conclude the facts charged of this case, and the judgment of the first instance court which found the Defendant guilty was reversed and the Defendant was acquitted.

In light of the records, although some inappropriate points in the reasoning of the judgment of the court below are found to have been partially inappropriate, the conclusion of the court below that acquitted the defendant on the facts charged of this case on the ground that there is no proof of facts constituting the crime is justifiable, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.