디자인보호법위반
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of 20 million won.
Defendant .
1. The summary of the grounds for appeal (defendant A: Imprisonment with prison labor for 8 months, suspended execution for 2 years / Defendant B: fine of 10 million won) of the lower court is too unreasonable.
2. Determination
A. The crime of this case committed by Defendant A is already established in the I Apartment Model House, which is already established by the victim company. Thus, the above Defendant and the Defendant B Co., Ltd., who are awarded a contract for the establishment of lighting fixtures, should compensate for damages due to breach of contract unless they use the products identical with or similar to the lighting fixtures installed in the Model House. Therefore, there are some points to be considered in the circumstances. The conclusion that four of the 50 products used by the Defendant was concluded as design infringement, Defendant A did not have any history of punishment of the same kind or fine or more, Defendant A deposited part of the amount to the victim during the trial, and all of the sentencing conditions shown in the records and arguments of this case, such as the Defendant’s age, character and behavior, and circumstances before and after the crime, etc., the sentence of the court below is unreasonable.
B. In light of all the sentencing conditions shown in the records and arguments of this case, including the amount of a charter party supply contract concluded with Defendant B Co., Ltd. with two industries, the sales status of the Defendant Co., Ltd., the sales status of the Defendant Co., Ltd., and the circumstances surrounding Defendant A, the representative director of the Defendant Co., Ltd., the Defendant Co., Ltd.
3. In conclusion, the part of the judgment below against Defendant A among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act is reversed for the reason that Defendant A’s appeal is reasonable, and the following decision is made after pleading, and the appeal against Defendant B is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that the appeal against Defendant B is without merit. It
Criminal facts
The summary of the evidence and the facts charged against the defendant A (the defendant A) and the summary of the evidence recognized by this court.