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(영문) 청주지방법원 2016.09.09 2016노258
농수산물의원산지표시에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal - misunderstanding of facts, misunderstanding of legal principles, and determination of whether it is likely to cause confusion of the original mountainous district from the perspective of the general public should be made on the basis of whether there is a possibility of misunderstanding from the perspective of the general public. The facts in the instant restaurant operated by the Defendant are clearly stated in the country of origin marking Belgium, the message board of the entrance of the restaurant, the bulletin board of the main line, and the Meap new plate provided to customers, “before the domestic melting of the swine high-speed of the swine high-speed of the swine,” and “the Medition of the swine high-speed of the pigs (port Ha),” so there is sufficient possibility that the said restaurant might be mistaken as lusing or domestic lusation provided by the above restaurant.

Nevertheless, there is a lack of proof as to whether it is a mark likely to cause confusion with the country of origin.

In light of the above, the judgment of the court below which acquitted the defendant is erroneous or erroneous in the misapprehension of legal principle.

2. Determination

A. The summary of the facts charged in the instant case is a person who operates a regular restaurant with the intention of D in Ycheon City C.

The Defendant prepared and sold the above restaurant from May 7, 2014 to June 1, 2015 with the Belgium 670 km. The Defendant: (a) from May 7, 2014, after cooking and selling the Belgium 670 km purchased from E; (b) from around May 7, 2014, the Defendant indicated Meet Meet Meet Meet as “the subject product: swine Meet, the country of origin: the subject product: the subject product: the country of origin: the subject product: the country of origin, and the country of origin.” The portion marked as “Thish Meging” with the lux, which made it difficult for customers who visit the restaurant to identify, and caused them to confuse with the “Korea Megic Megic Megic Megic Megic Megic Megic me to sell the Megic Megic Megic Megic Megic me.”

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