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(영문) 광주지방법원 2014.07.10 2014고단1698
상표법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2014, around 15:10, the Defendant: (a) forged the trademark “E” in the D market located in Seo-gu, Seo-gu, Gwangju; (b) forged the trademark with six points attached by forging and forging the trademark “DECENE”, No. 0840123; (c) three points attached by forging and forging the trademark “le coqs sifififies”, No. 0084081, the trademark registration number No. 0404010, the two points attached by forging the trademark “MSINGWR”; (d) two points attached by forging the trademark registration number No. 0602926; (e) forged the trademark “BE” No. 4085, the trademark registration number No. 904, and (e) forged the trademark attached by forging and forging the trademark “Y40,” and (e) forged the trademark “Y40, 408,” and registered No. 9750,”

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Application of the records of seizure, list of seized articles, and Acts and subordinate statutes;

1. Articles 93 and 93 of the Trademark Act and choice of imprisonment concerning 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;

1. The Defendant’s reason for sentencing Article 97-2(1) of the Trademark Act is that the crime of this case is not committed even though he was punished by a fine of eight times for the same kind of crime.

However, the Defendant is punished for four months by imprisonment with prison labor, and the execution thereof is postponed for one year, taking into account the following factors: (a) the Defendant’s deep reflects the instant crime; (b) the Defendant’s deep-depth and again ceased to commit the instant crime; (c) the size of infringement of trademark rights is not significant; and (d) the Defendant’s age, character, character, environment, motive, means and consequence of the instant crime; (b) the victim’s relationship with the victim; and (c) circumstances after the crime.

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