beta
Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that this judgment.
Reasons
1. In light of the fact that the defendant received goods from the AD market on behalf of A, that the defendant visited the store at the D headquarters business hours to assist the store management, and that the D2 points have registered the business under the name of the defendant, it is recognized that the defendant committed the crime described in the facts charged in collusion with A.
Even if not, it is sufficiently recognized that the defendant aided and abetted the defendant's act of violating the Trademark Act.
Nevertheless, the court below found the Defendant not guilty of the facts charged on the ground that it is difficult to recognize the facts which the Defendant conspiredd with A. In so doing, the court below erred by misapprehending the legal principles.
2. Ex officio determination
A. Prior to the judgment on the grounds for appeal, the prosecutor examined ex officio the facts charged in violation of the Trademark Act on the third trial date of the trial at the trial at the trial at the trial at the trial court, adding "Articles 8 (1) and 10 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment" to the applicable provisions of the Act, and, in addition, "help assistance in violation of the Trademark Act" to the name of the offense, "Article 230 of the Trademark Act, Article 32 of the Criminal Act, Article 8 (1) and Article 10 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment" to the applicable provisions of the Act, and "Article 8 (1) of the Act on the Regulation and Punishment of Criminal Proceeds Concealment" to the following facts charged, and applied for amendments to the indictment with the same contents as the facts charged. Since this court changed
B. However, despite the above reasons for ex officio destruction, the argument of mistake of facts and misapprehension of legal principles as to the primary facts charged by the prosecutor is still subject to the judgment of this court, and we first examine the following matters
3. Judgment on the assertion of the primary facts charged
A. The main point of the facts charged is a trademark identical or similar to the registered trademark of another person.