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서울중앙지방법원 2014.03.18 2014고단536
상표법위반
Text

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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who operates a street store that sells bags, etc. before Jung-gu Seoul Metropolitan Government.

On May 2, 2013, the Defendant: (a) held 12 points in the shape, such as “LOUS VUITN” (registration number No. 59471); (b) the trademark holder’s trademark right was infringed on each trademark right holder’s trademark right indicated in the list of crimes, by holding 176 points for sale, such as a powder with a forged trademark, as indicated in the list of crimes, with a total of 176 points, such as a powder with a forged trademark attached.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Police seizure records;

1. Each investigation report (with respect to an appraisal of forged goods, a report on appending the original trademark register shall be submitted to the fixed value and the original trademark registration register).

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 97-2(1) of the Trademark Act is not good in light of the fact that the defendant had been punished nine times prior to the violation of the Trademark Act, and repeatedly committed the crime of this case in the same kind, despite the fact that the defendant again committed the crime of this case. However, the fact that the defendant does not repeat the crime because he did not repeat the crime again, there is no criminal records exceeding the fine, the sale size is relatively small, and the defendant's age, character and conduct, environment and circumstances after the crime, etc. are considered the sentencing conditions stipulated in Article 51 of the Criminal Act and the execution of the sentence is suspended as ordered.