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(영문) 서울중앙지방법원 2016.12.08 2016고단5233
마약류관리에관한법률위반(향정)등
Text

A person shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months with prison labor for the crime No. 2 of the judgment of the defendant.

except that this shall not apply.

Reasons

Punishment of the crime

[Attachment to the preceding sentence] On August 25, 2015, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Narcotics Control Act at the Jung-gu District Court on January 30, 2015, and the said judgment became final and conclusive on October 30, 2015.

1. The Defendant purchased approximately 0.3g of philopon from C in the car operated by C in the vicinity of the Dobong Steel Station located in Dobong-gu Seoul, on July 18, 2016, even though he/she is not a narcotics handler, around 17:00 on July 18, 2016.

2. From October 16, 2011, the Defendant: (a) purchased a fake trademark with the same or similar shape of “NEPA and registration number No. 0857295); and (b) purchased it from D to the manufacturer of the clothing; (c) transferred it to the owner of the trademark right; (d) obtained trademark registration from D to the Korean Intellectual Property Office of the Republic of Korea (BLAKK, 0932759); (e) “BLYK, 0857295”; and (e) attached the trademark in the same or similar shape as “NEPA and registration number No. 06251); and (e) attached it to the above clothing manufacturer, and (e) delivered it to the owner of the trademark right; and (e) attached it to the above 0 foot 2,000,000 won and the above 10 foot 7,000,000 won and the above 10,000 foot 3,00,000.

Summary of Evidence

[2016 Height523]

1. Statement by the defendant in court;

1. A copy of the second police interrogation protocol regarding C [2016 highest 7018];

1. Statement by the defendant in court;

1. A copy of each protocol of suspect examination of the police about D;

1. The investigation report details, the original trademark register, and the original trademark register.

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