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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall commit any act infringing on a trademark right or an exclusive license.
Nevertheless, at around 15:50 on August 10, 2017, the Defendant displayed and stored five white water handbagbags for the purpose of selling to the customers, and infringed the above trademark by displaying and keeping five white water handbags for the purpose of selling to the customers who are identical or similar to the trademark registered with the Korean Intellectual Property Office, “LOUIS VITON (trademark registration number: 0330235)”, which is a trademark registered with the Korean Intellectual Property Office, in the lag belt of the laba, at the “D” store operated by the Defendant in Kimcheon-si, Kimcheon-si.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. A police seizure protocol (voluntary submission), and a list of seizure;
1. Application of the original register of trademark registration, field photographs, and statutes;
1. Article 230 of the relevant Act and Articles 236 (1) of the Trademark Act and the selection of punishment for a crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act on the observation of protection;
1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act reaches seven times the criminal records of the same kind of crime, and in particular, from the Daegu District Court's support on November 25, 2015 to the 6-month suspended sentence for a violation of the Trademark Act, on December 3, 2015, the judgment became final and conclusive on December 3, 2015, and the punishment for the violation of the Trademark Act is not weak in that it re-offending during the period of suspended sentence.
However, the defendant would discontinue the operation of the store while he is against his will;
In full view of all the circumstances, such as the fact that elderly health is not good, the fact that it is difficult to move, and the fact that it is necessary to look at the place with inconvenience, etc., the punishment shall be determined as per the order.