A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

From January 22, 2014 to January 16:40 of the same day, the Defendant: (a) on the street side of the “Cju” store located in the “Cju City B”, the Defendant: (b) “BLAK YAK” (trademark registration number No. 380952); (c) “NEPA (trademark registration number No. 79050) registered by Pananan L&C Co., Ltd. with the trademark right holder; and (d) “TH NTRH FACE” (trademark registration number No. 35624) registered by the Shan FACE (trademark registration number No. 35624); and (b) on the street side of the “Cju City,” the Defendant kept and sold to many and unspecified customers, the trademark right of which is identical with or similar to the trademark, for the purpose of selling it.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Police seizure records;

1. The original trademark register of Nopanish, Bluck, and NAP;

1. Application of statutes on site photographs;

1. Article 93 of the Trademark Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Reasons for sentencing under Article 97-2 (1) of the Trademark Act;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria;

(a) Determination of types: An intellectual property right crime or an infringement on registration;

(b) Aggravation of special punishment: Aggravation factors (not less than three times of previous convictions); and

(c) Scope of recommendations: Aggravation, one year and six months to three years.

3. Determination of sentence: Imprisonment with prison labor for 8 months, 2 years of suspended sentence, and 80 hours of community service order, even if the defendant was sentenced to a fine more than 10 times for the same crime, it is necessary to punish the defendant accordingly.

However, in light of the number of infringing articles, method of infringement, etc., there is no significant size of trademark infringement, and neighboring figures of the defendant are prior to the defendant.