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(영문) 인천지방법원 부천지원 2013.11.28 2013고정1099
디자인보호법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of Asan City Co., Ltd. D in the facts charged.

E, a victim, is a design right holder of F Bridge, registered as the registered design on October 14, 2002 and registered as of January 6, 2004.

On April 201, the Defendant, at the Defendant’s workplace located in Ansan-si Group G, was requested by H Co., Ltd. to manufacture a bridge for the above large-scale bridge from J of I, who was ordered by H Co., Ltd. to perform the bridge construction, produced the bridge between the above large-scale bridge and the design identical or similar to the above registered design, and supplied it to I, thereby infringing the victim’s design right by having the said large-scale bridge installed at the construction site.

2. This is a crime falling under Article 82(1) of the Design Protection Act, which can be discussed only when a victim files a complaint pursuant to Article 82(2) of the said Act. Since the victim submitted a written withdrawal of complaint to the court on November 21, 2013, which was after the instant indictment, the victim submitted the written withdrawal of complaint to the court. Thus, the instant indictment is dismissed pursuant to Article 327(5) of the Criminal Procedure Act, and is so ordered as per Disposition.

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