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(영문) 대구지방법원 2018.03.23 2017고단6049
상표법위반
Text

A defendant shall be punished by imprisonment with prison labor 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 is operating a clothes shop with the trade name of “C” in Daegu Jung-gu B commercial building No. 7 & 178.

On May 25, 2017, the Defendant: (a) around May 25, 2017, the store in the above “C”; (b) the warehouse in the second floor below the building in Daegu-gu D; (c) the Defendant’s Eco-do passenger car; (d) the trademark right holder designated the designated goods to the Korean Intellectual Property Office as panty sports; (c) registered them with the Korean Intellectual Property Office (trademark registration number: 0039306); and (d) the trademark right holder infringed upon the trademark right’s total value of the designated goods, as indicated in the attached list of crimes, such as holding possession of 109 p.m. under the DIEDINN on the DF D D, Daegu-gu D; and (d) the trademark right holder to sell 147 p.m. 56,30,00 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure, and application of Acts and subordinate statutes of the original register of trademark registration;

1. Article 230 of the Trademark Act concerning facts constituting an offense;

1. Selection of each sentence 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 suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The sentencing conditions indicated in the records, including Article 236(1) of the Trademark Act, Article 236(1) of the same Act, the reason for sentencing, the fact that the defendant was a criminal record of the same kind on two occasions, the fact that the defendant was a criminal record exceeding the fine, the fact that the defendant did not have any criminal record, and the age, sex, environment, motive and circumstances of the crime, etc.,

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