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.

Punishment of the crime

On June 16, 2013, around 15:40 on June 16, 2013, the Defendant displayed for the purpose of selling more than 14, a total sum of 144 of the fakes attached with the trademark of the trademark right holder at the street store located in the Jung-gu Seoul Metropolitan City B market, the trademark right holder infringed upon the trademark right by displaying for sale the number of 14 of the fakes attached with the trademark at the street store, "LUIS VITON (trademark registration number: 018012 (e))", the registered trademark, the same trademark as the trademark is attached.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes of each photograph and trademark 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. The above crime for the reason of sentencing under Article 97-2(1) of the Trademark Act is subject to the sentencing guidelines, and the crime in question falls under the mitigated area (where actual damage is minor (special mitigation factors), the same criminal records of directors three times, and January through 1 year) among the infringement of registration rights. Although the same criminal records are several times, it is not good to repeatedly lead to the crime in this case, and the defendant's mistake is divided and re-concept out, and the crime in this case is old and present, supporting grandchildren and grandchildren. The crime in this case is a small amount of time to the extent that the sale from the street store possesses 144 points of goods infringing on trademark rights equivalent to 1.9 million won for the purpose of sale, other conditions of sentencing under Article 51 of the Criminal Act, such as the character and conduct of the defendant, environment, circumstances after the crime, etc., are determined within the scope of sentencing guidelines in accordance with the sentencing guidelines, and the execution of the sentence should be suspended within the scope of sentencing.