The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant operates C-building 732 and 735 of the Daegu-gu Office, a company running a business of analyzing the inclinations, etc. of web site visitors, and the said company, from around 2011 to E, has a dispute over the scope of rights in relation to patents, such as computer programs (Korean PatentF) creating statistics by web site visitors.

From December 29, 201 to March 28, 2012, the Defendant sent a warning note to E on the ground that “E is infringing on (not later than June 26, 2009)”, and “it may send a warning note to E on the ground that he has filed a criminal complaint against E in June 2011 and is infringing on (not later than).” Accordingly, the Defendant sent a document containing the content of “use of E company G in infringement of patent rights of the patentee,” with a content certification of approximately 1,300 business entities, such as a high reliable damage evaluation corporation, etc., and sent a document containing the content of “use of E company G in infringement of patent rights of the patentee,” and had it reached 125 business entities as shown in the list of crimes (1).

Accordingly, the defendant has damaged the honor of the victim company and H, a representative director, by openly pointing out facts.

2. The judgment patent is a right granted through the examination and registration of the Korean Intellectual Property Office, which is a State agency, and the Patent Act provides that a patent may be invalidated through a separate procedure for the invalidation trial of a patent established in a case where a certain reason exists. Thus, barring special circumstances, a patentee is generally entitled to believe that his/her right is lawful and effective and exercise it (see Supreme Court Decision 2009Do4949, Oct. 28, 2010). Article 126(1) of the Patent Act provides that a patentee may claim the prohibition or prevention against a person who infringes or is likely to infringe his/her right, and Article 127 provides that a patentee shall transfer or transfer the patented goods or methods.