Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (the part concerning the crime of violation of the Patent Act: the filing of the patent application under the PCT (Patent Cooperation Treaty) does not themselves mean that the filing date of the PC international application can be retroactively recognized from the designated country as the filing date. Thus, even if the Defendant stated “I” products developed and sold as “I” in magazines and newspapers after the decision of refusal to grant a patent was made, it does not constitute “I” under Article 224 subparag. 3 of the Patent Act or “an indication that is made by the patent or patent application, or that is made by the patented method or patent application, or that is likely to be confused” under Article 224 subparag. 3 of the Patent Act. 2) misunderstanding of facts (the part concerning the crime of defamation and interference with business by publications) (the part concerning the crime of defamation and interference with business by publication) as well as the general name with the use of the PC international application from the industry of cutting off, it cannot be deemed that Defendant’s “I” products cannot be damaged by producing or interfere with business.

3) The court below's decision that sentenced the defendant to an unreasonable sentencing sentence is too unreasonable and unfair. (b) The prosecutor 1) erroneous determination of facts (not guilty portion) and defamation by publication is erroneous as follows.

o B 잡지 게재 부분 피고인이 B 잡지에 피해자가 생산 및 판매하는 ‘N집게’에 관하여, ‘N 10년 동안 해결 못한 덜컹거림 완벽해결 - 타사는 10여년 NO’라는 등의 광고를 게재한 것은 경쟁제품에 존재하지 않는 근본적인 구조적 결함이 있다면서 경쟁제품의 상품성을 깎아내리는 것이므로, 사회통념상 용인되는 한계를 넘은 허위광고에 해당한다...