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(영문) 의정부지방법원 2017.08.28 2017노1146
상표법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty on the ground that the defendant's grounds for appeal (misunderstanding of facts) knew that he had the right to use the trademark, and recognized the infringement of the right to use the trademark by using the trademark.

2. In a criminal trial, the finding of guilt should be based on evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true, and if there is no evidence to form such a conviction, even if the defendant is suspected of guilt (Supreme Court Decision 92Do3327, Mar. 23, 1993). Examining the reasoning of the lower judgment’s judgment in light of relevant evidence and records, the lower court, on the grounds stated in its reasoning, knew of the existence of D or D’s exclusive right to use a trademark, on or around October 2014, that the lower court knew of the existence of D or D’s exclusive right to use the trademark.

It is insufficient to conclude it;

Therefore, the prosecutor's above assertion is without merit, since the measure of not guilty of the facts charged in this case is legitimate.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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