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(영문) 수원지방법원 2016.10.20 2016고정77
명예훼손등
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the representative of “C” as a medical device manufacturing business entity.

(1) On October 2014, the Defendant: (a) drafted and sent to a public health clinic located across the nation, a legal agent, a false instruction, etc. to the effect that “The “G”, a machine manufactured by the victim E or F, has leaked and copied the Defendant’s technology that the Defendant has patented, thereby impairing the honor of the victims by openly pointing out false facts.”

(2) On June 10, 2015, the Defendant sent to H a written request for the discontinuance of production to the effect that “the victim infringed the Defendant’s patent right.” The Defendant damaged the honor of the victims by openly pointing out false facts.

B. The Defendant’s obstruction of business

As in the same paragraph, the victims' ‘G' production and sales operations were obstructed by spreading false facts.

2. The main purpose of the notice sent by the Defendant and the defense counsel’s argument and the notice of request for suspension of production is that the victim E or F could infringe the Defendant’s patent right, and thus, the legal measures, such as patent trial and criminal procedure, are in progress, and thus, consistent with the actual facts. Therefore, the Defendant cannot be deemed to have publicly known or disseminated false facts, and there was no awareness that the Defendant would have publicly known or disseminated false facts, and there

3. Facts of recognition and judgment

A. According to the records of recognition, the following facts are recognized:

1) While operating the “C” as a manufacturer of medical devices, the Defendant and the victims produced and sold the “J”, the patent right of which he/she owns (patent registration number I).

The victim F is the defendant's superior company.

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