The defendant's appeal is dismissed.

1. The sentencing of the lower court (ten months of imprisonment) is too unreasonable.

2. According to the records, there are circumstances such as the fact that the defendant registered a patent upon the advice of the patent attorney and the fact that the production is expected to be suspended after the final judgment of the Supreme Court. However, the defendant's products and the victim's products are designed on the basis of the idea of "sports air-emitting" and are very similar to basic parts, such as the lack of buffers to buffer down the fluor for the establishment and implementation of the fluor for the establishment and suspension of the fluor, the defendant continued to manufacture and sell the products without disregarding the victim's demand for the production and suspension of the sale. This act continues to be more than five years until the Supreme Court affirmed the patent litigation between the defendant and the victim, and the victim suffered considerable economic loss, and the amount of profits actually acquired by the defendant reaches KRW 40 million, Defendant's age, character and behavior, home environment, and criminal records, etc., it does not seem that the sentencing of the court below is unreasonably heavy.

3. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's argument is without merit. It is so decided as per Disposition.