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(영문) 대구지방법원 2013.05.10 2013고단2005
디자인보호법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant: (a) operated a manufacturer, such as withdrawal and gold production, with the trade name of Daegu Northern-gu B; and (b) produced by being requested from C to September 201 for the production and withdrawal of gold with respect to the deceased; (c) from around 2005 to around September 201, the Defendant was engaged in production.

No person shall infringe a design right.

Nevertheless, from October 201 to May 21, 2012, the Defendant: (a) formed a combination home formed in the conclusion book of “connection devices to connect children, etc.” registered as D design to the Korean Intellectual Property Office on September 22, 2008 with the Korean Intellectual Property Office; (b) changed the design of the shape where the shape of the conclusion body is in each dust form into the body body; and (c) the combined home formed in the conclusion body changed into the shape that makes it possible to make the body attached; and (d) changed the shape of the conclusion body into the erode form that makes it possible to complete the shape of the part; and (e) still, the entire core of the design and the entire core of the design of the Seoul High Court were manufactured 12,800, and sold it to enterprises, such as Seoul High Court.

Accordingly, the Defendant infringed the design right of the above C.

2. The facts charged in the instant case are crimes falling under Article 82(1) of the Design Protection Act, which can be prosecuted only when the victim files a complaint under Article 82(2) of the same Act. According to the written withdrawal of a complaint filed in the trial records, the victim can recognize the fact that the complaint was withdrawn against the defendant after the institution of the instant case. Thus, the prosecution in the instant case is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.

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