A defendant shall be punished by imprisonment for six months.

However, 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

On January 19, 2014, at around 13:12, the Defendant was supplied with 42 points of “C” in Daegu Jung-gu, Daegu-gu, with the second floor of 4:91-1, and possessed them for the purpose of transfer or delivery, after being supplied with 42 points of “Burri” registered with the trademark “Burri” (No. 0363533 of the trademark registration number).

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Application of seizure records, photographs of seized articles, trademark register, appraisal records, and Acts and subordinate statutes;

1. Article 93 of the Trademark Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Although the reason for sentencing under Article 97-2(1) of the Trademark Act, despite the fact that the defendant had been punished several times for the same crime, the crime of this case is no longer complicated, the defendant has committed the crime of this case repeatedly, but the quantity of the goods held by him/her is not more than the number of his/her wrongs, and there is no sufficient health condition, and there is only the criminal record of fine, and there is no other reason for sentencing as indicated in the arguments, such as the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the scope of intellectual property right crime of sentencing guidelines, the infringement of registration, the reduced area (where the actual damage is minor, the same criminal record as the infringed goods are not distributed more than three times), the imprisonment with prison labor for not more than one year.