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(영문) 의정부지방법원 2016.06.24 2016노816
상표법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 1 to 19 shall be confiscated.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's punishment (a year and April, and confiscation) imposed by the court below is too unreasonable, while the prosecutor asserts that the sentence of the court below is too unfeasible and unfair.

2. Prior to the judgment on the grounds of appeal by the Defendant and the prosecutor ex officio, the Prosecutor applied for the indictment to change the facts charged in the instant case as stated in the column for “criminal facts” as stated below, and the subject of the judgment was changed by this court. Thus, the judgment of the court below was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above grounds for reversal ex officio. The judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The Defendant, together with D, stated that “from around December 2016, the Defendant’s application for permission to amend the Bill of Indictment” was “from around December 2015,” but it appears to be a clerical error.

The name in the name is supplied with an amount equivalent to 10,020 sets of cosmetic 10,020 (total market price of 1,202,40,000) manufactured using a trademark identical with or similar to the trademark (registration number No. 0039246, a trademark right-holder's no. 039246), the name in the name in the name in the name in the name in the name in which the trademark is registered; and D intended to manage the warehouse kept in the above cosmetic; D intended to invite middle circulation books to purchase the above cosmetic and sell them to them and distribute them during the market.

1. Around January 29, 2016, the Defendant, along with D, received 38% (45,600 won per set) of the market price of refined goods from F, an intermediate circulation book in E warehouse at Yangju-si, and sold cosmetics equivalent to 480 sets of cosmetics (total market price of 57,600,000 won) via the aforesaid F to the buyers.

2. The defendant is D.

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