The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds of appeal is that the court below rejected the credibility of the above statement without reasonable grounds and acquitted the defendant of the facts charged in this case, despite the witness's statement that the defendant sold a mobile phone case in the same shape as the mobile phone case registered by the victim E with the design, etc.

2. Before determining the grounds for appeal by the Prosecutor, the Prosecutor applied for amendments to the indictment with the content that “at the cell phone case store located in Yeongdeungpo-gu Seoul Metropolitan Government Office or the Seoul Gangnam-gu G store” was changed to “at the seat of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Office or at the seat of the Gangnam-gu Seoul Metropolitan Office,” and the subject of the trial was changed by this court’s permission. Therefore, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

(However, the prosecutor’s assertion of misunderstanding of facts is still subject to the judgment of this court within the scope of the modified facts charged, and it is judged as follows. The summary of the facts charged in this case is selling mobile phone cases in the name of “C”.

피고인은 2011. 7. 30경부터 2011. 8. 20경까지 서울 영등포구 C 본사 사무실 또는 서울 강남구 강남역 G 매장에서, 피해자 E이 2011. 06. 14. 특허청에 F로 디자인 등록한 “측면에 펭귄의 날개가 형성되고, 배면에 펭귄의 형상이 형성”된 휴대폰 케이스와 동일한 디자인의 휴대폰 케이스(이하, ‘이 사건 동일제품’이라 한다)를 불특정 다수의 고객들에게 판매함으로써 피해자의 디자인권을 침해하였다.

Judgment

1. The same product as the instant case sold by J.