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(영문) 인천지방법원 부천지원 2016.04.29 2014고정1106

실용신안법위반

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is a person operating “B” whose main type of business is sexual amnesty.

From April 2012 to January 9, 2013, the Defendant manufactured 5 million won per month the products similar to “the trend for returning to the shower box prior to the withdrawal type water supply,” registered with the Korean Intellectual Property Office in the registration number E on January 10, 2011, and sold them to the Defendant, thereby infringing the victim’s right to de facto personal security.

2. According to the judgment, etc. submitted by the Defendant on May 23, 2014, the record of the instant case reveals that on May 23, 2014, the Defendant filed a claim against D to the Intellectual Property Tribunal for a trial on confirmation of the scope of passive rights (2014, 1196 per 1196). The Korean Intellectual Property Tribunal rendered a trial ruling dismissing the Defendant’s appeal on December 3, 2014, that falls under the scope of the right in the instant new technology, and falls under the scope of the right in the instant new technology, and the Defendant filed a lawsuit for revocation of the said trial ruling on August 21, 2015, the Patent Court rendered a judgment on August 21, 2015, stating that “the device applied to the said product does not fall under the scope of the right in the instant new technology.” It is recognized that the Patent Tribunal rendered a final and conclusive judgment revoking the said trial ruling by the Intellectual Property Tribunal.

According to this, the defendant's product does not belong to the scope of the right in the room of this case, and considering these circumstances, the evidence submitted by the prosecutor alone infringed the defendant's right to know the actual use of D.

It is difficult to recognize it, and there is no other evidence to recognize it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced pursuant to Article 58(2) of the Criminal Act.