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(영문) 서울남부지방법원 2020.06.19 2019노1220
상표법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the concept of the grounds for appeal (the factual error, misunderstanding of legal principles), relationship with the designated goods, and circumstances of a trade society, etc., the “J”, which is an important part with distinctiveness, is similar to those of one another in its appearance, name, and concept to the extent that it is mutually identical, and the Defendant is found not guilty even if the facts charged are recognized as being used in the “sale and Export of Pianno,” which is clearly included in the designated service business of the victim.

2. The court below held that it is difficult to view that the evidence submitted by the prosecutor alone, while explaining the specific circumstances, is similar to the "C" and "I", a registered trademark, without any reasonable doubt. In light of the court below's adopted and examined evidence and the records of this case, the court below's decision is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as asserted by the prosecutor.

Therefore, prosecutor's assertion is groundless.

3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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