All appeals filed by the prosecutor against the Defendants are dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) is not likely to be assessed as “publications distributed outside the country” as stipulated in Article 4(1)2 of the Act on Kabrogs or leaflets, etc. issued by a foreign company, and Article 33(1)2 of the Design Protection Act is not likely to be assessed as “publications distributed outside the country.” The above materials were introduced into the country and were in the state of being recognizable to the general public.

Since there is no basis to view the facts, the judgment of the court below is erroneous in the misapprehension of legal principles as to the "openness" as provided by the Act on the Safety and Design Protection of Public Use and the Design Protection Act, which affected the conclusion of the judgment.

2. The lower court, based on its detailed reasoning, determined that the Defendants could not constitute a crime of violation of the Act on the Safety and Design Protection, even if the Defendants manufactured and sold the same and similar articles as the victim’s new design and the registered design, on the ground that the device applied to the Defendants’ shampoo and shoo, which are compared to the victim’s registered new design and the registered design, falls under the case where a person with ordinary knowledge in the technology and design can easily make a device from the publicly known technology and design, and thus does not fall under the scope of the right to the registered new design and the registered design.

In a thorough examination of records, the above judgment of the court below is just and acceptable, and there is an error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor.

It does not seem that it does not appear.

Supreme Court Decision 86Do2670 Decided June 23, 1987 cited by a prosecutor as the grounds for appeal is at the time of the enforcement of the former Act (amended by Act No. 3328 of Dec. 31, 1980; hereinafter referred to as the "former Act") and the former Enforcement Decree of the new Act (amended by Presidential Decree No. 10429 of Jul. 30, 1981; hereinafter referred to as the "former Enforcement Decree") and Article 5 of the former Act are distributed in a foreign country.