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(영문) 의정부지방법원 2013.06.27 2012노2576
상표법위반
Text

The judgment of the court below is reversed.

Acquittal of the accused shall be acquitted.

Reasons

1. The sentence of the court below (two months of imprisonment, two years of suspended execution, probation, community service order 80 hours, confiscation) is too unreasonable.

2. Determination ex officio:

A. The summary of the facts charged is that anyone shall not use a trademark identical or similar to another person’s registered trademark on goods identical or similar to the designated goods, and shall not deliver, sell, forgee, imitate, or possess it for the purpose of using it. However, on June 19, 2012, the Defendant kept a forged trademark registration number registered as the designated goods on the Republic of Korea Intellectual Property Office on July 25, 2006, “LOUSVUITITONN” under Article 846642 of the trademark registration number registered as the designated goods on July 25, 2006, or similar trademark without authority, 10 points, 20 points, 10 points, 20 points, 30 points, 10 points, 10 points, 10 points, 30 points, 30 points, 30 points, 30 points, 106GGG or similar trademarks registered as the designated goods on May 14, 2012 at the Korean Intellectual Property Office of Korea.

B. Prior to the judgment on the grounds of appeal by the defendant's appeal, if the defendant continues to conduct ex officio a number of acts falling under the same name of crime or acts in succession with a single and continuous criminal intent, and if the damage legal interests are the same, each act shall be punished by a single comprehensive crime. Since the principal legal interests of the crime of violating the Trademark Act are such as business reputation of the trademark right holder, etc., the principal legal interests of the crime of violating the Trademark Act shall be considered as business reputation of the trademark right holder, and it is reasonable to interpret that a single and continuous crime of violating the Trademark Act

(see, e.g., Supreme Court Decisions 2006Do1252, May 11, 2006; 2006Do6620, Jan. 11, 2007). The records of this case are as follows: ① Defendant is on May 11, 2012.

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