1. The judgment below is reversed.

2. The defendant is not guilty;

3. The summary of the judgment of innocence shall be published;

1. The design of this case registered by the complainant of the gist of the grounds for appeal is null and void as it can be easily created from the publicly known design, and the defendant does not have infringed on the design right of the complainant.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by mistake of facts.

2. In light of the following circumstances revealed through evidence duly adopted and examined by the lower court and the first instance court, each of the instant registered designs by the complainant constitutes a design that cannot be registered under the Design Protection Act.

Therefore, even if the Defendant manufactured and sold goods of the same design as the registered design of this case, it cannot constitute a crime of infringement of design right, and the evidence submitted by the Prosecutor alone, which infringed the Defendant’s design right as stated in the facts charged of this case.

The recognition is insufficient, and there is no other evidence to prove it.

Therefore, the defendant's argument is justified.

(1) If a registered design is identical or similar to a design publicly known or worked domestically or abroad prior to the filing of the application or a design disclosed in a publication published prior to the filing of the application, the scope of such right may not be recognized even without a trial decision on invalidation of registration (see, e.g., Supreme Court Decision 2002Do5514, Jan. 10, 2003). If a registered design is a device publicly known or publicly worked in the Republic of Korea prior to the filing of the application and is not new, the scope of such right may not be recognized even without a trial decision on invalidation of registration. As regards a registered design, the scope of which is not recognized, the scope of the right cannot be recognized without a trial decision on invalidation of registration. As for the registered design, the product of the same design is manufactured and sold to the complainant (see, e.g., Supreme Court Decision 2002Do3151, Jun. 11, 2004).