The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (the penalty amounting to KRW 10 million) is too unreasonable.

2. It is recognized that, in light of the legislative intent of the Design Protection Act to encourage the creation of the judgment design and protect the registered design, the criminal liability is not less and less, the number of infringement of the exclusive license exceeds 36 times, and the Defendant has been punished for a number of times, etc.

However, the defendant made a confession of all the crimes in the trial for the past, and there is no record of punishment for the same kind of crime, mediation was established in the appellate court (Patent Court 2016Na 1776) of the related civil cases between the defendant and the victim during the trial for the past. Accordingly, the defendant's age, sex, sex, environment, motive, means and consequence of the crime, and all of the sentencing conditions specified in the arguments for the present case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, are too unreasonable, considering the circumstances after the crime.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 82(1) of the relevant Act and the former Design Protection Act (amended by Act No. 11848, May 28, 2013) (amended by Act No. 11848, May 28, 2013) regarding criminal facts

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;