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

1. The gist of the grounds of appeal is that the victim had secured a nationwide distribution network after registering the registered design of this case. As such, the Defendants, a person engaged in the same kind of business handling the principal design of this case, appears to have been aware of the same fact as the registered design of this case. Such circumstances were to be easily known through Internet patent information search service, but the Defendants did not fully find out whether the design was registered. In light of the above, at least dolusent intent about the infringement of design rights is recognized against the Defendants.

2. The lower court determined that the Defendants not guilty of the charges of this case on the ground that it is difficult to readily conclude that the evidence submitted by the Prosecutor alone, based on the following facts: (a) the Defendants, upon receiving the victim’s notice of suspension of infringement, would have caused the result of the infringement immediately; (b) the Defendants were the Dozer, retailer, or buying agent of small-scale content; (c) the original group similar to the design of this case, which is displayed and sold in various stores in the Chinese Lane market; (b) Defendant B and A discovered similar parts in the Chinese market; (c) requested Defendant C to purchase them; and (d) whether the pertinent design is a registered design or not, is not easy to confirm it by being directly notified by the owner of the design right; and (d) it is difficult to conclude that the Defendants had intentionally infringed the victim’s design right at the time of import and sale of the original group.

Examining the reasoning of the judgment below in comparison with the evidence duly adopted and examined by the court below, the above fact-finding and judgment of the court below are just and acceptable, and the circumstances alleged by the prosecutor as the grounds for appeal are not sufficient enough.