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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged in the instant case is a person who manufactures and sells piping pipes in the name of “C” from e.g., e., e., C.
On November 22, 2011, the patentee, Central CMA, Inc., was a company that manufactures and sells fire hydrantss, pipes materials, exhibition belts, etc. using studs and steel plates as raw materials, and was registered with the Korean Intellectual Property Office on the Republic of Korea on November 22, 2011, with a patent as to “a prefabricated pipeline, which is capable of reducing the thickness of the upper press while guaranteeing the base strength of the upper presses,” while introducing a upper press structure to ensure the thickness of the upper presses.
From January 4, 2016 to November 1, 2016, the Defendant, within the foregoing “C” office, and from the perspective of “C” office, the Defendant introduced a upper press structure to ensure the thickness of the upper press while guaranteeing the capacity of the upper press, and at the same time, falls within the scope of the patent right with respect to the “prefabricated-type pipelines, which can be arranged at a fixed location even though the installation work of the upper presses is convenient,” and the Defendant has produced products identical or equal to all the elements of the product, such as the presses, multiple lower presses, multiple upper presses, presses, the upper presses, and the upper presses located at the upper press.
Accordingly, the defendant infringed the patent right of the victim.
2. Determination and conclusion
(a) Applicable law: Article 225(1) of the Patent Act;
(b) An offense subject to prosecution upon complaint: Article 225 (2) of the Patent Act.
C. On September 18, 2017, after the institution of the instant indictment, the injured party submitted a written agreement containing the purport of revoking the complaint against the accused.
Judgment dismissing Public Prosecution: Article 327 subparag. 5 of the Criminal Procedure Act