A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2014. 10 13.경부터 2014. 12. 31.경까지 서울 중구 D에 있는 E쇼핑몰 앞 노점에서 상표권자 ‘샤넬’이 등록한 상표(등록번호 제0309448호)와 동일한 모양의 위조 상표를 부착한 가방 87점 공소장 기재 ‘87점’은 ‘86점’의 오기이다. ,

In addition to those possessed to sell 4 points A, from October 13, 2014 to July 27, 2015, the trademark right of the trademark right holder was infringed upon by possessing the forged trademark of 5 brand from October 13 to July 27, 2015, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. A copy of each protocol of examination of suspect regarding F by the prosecution;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 3, 5, 19 of the evidence list);

1. Relevant Article of the Act and Article 93 of the Trademark Act regarding facts constituting an offense (with respect to each of the registered trademarks, choice of imprisonment);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act on the grounds that there is no basic area (10-2 years) (10-2 years) of the Act on the Prevention of Infringement in Registration (10-2 years) [1] [1] of the basic area (10-2 years] [2] [3] of the Act on the Suspension of Execution [3] [3] of the Act on the Prevention of Infringement in Registration] (

However, the fact that the defendant's crime of this case is divided and again does not repeat again, that the quantity of the product whose trademark right has been infringed due to the crime of this case is relatively larger, that the scale of actual profits acquired by the defendant, the attitude of infringement of trademark rights, that the defendant has no other criminal records other than the above criminal records, that the defendant has an opportunity to reflect his life close to one month, and that the defendant seems to have an opportunity to reflect his age, character, conduct, family relationship, and other matters.