Defendant

Defendant

He/she is in charge of regular prosecution (prosecution) and courtroom (public trial).

Incheon District Court Decision 2015Gohap302 Decided May 15, 2015

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The Defendant’s packaging boxes produced, produced, and sold by the Defendant cannot be deemed the same as the patent invention registered by the Victim Nonindicted Co. 1 Co., Ltd. (Alternative Co., Ltd.) and its components, and does not fall under the same relationship, and it does not fall under the scope of the right to the patent invention. As such, even though there was no intent to infringe the patent right of the victim, the lower court erred by misapprehending the fact that the Defendant was guilty.

2. Determination

According to the evidence duly adopted and examined by the court below and the trial court, in particular, part 2 of the patent trial decision, it is sufficient to recognize that the defendant infringed the patent right of the victim by producing, producing, and selling packaging boxes belonging to the scope of patent right registered by the victim as stated in the facts charged of this case. Thus, the above argument by the defendant is without merit.

3. Conclusion

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Kim Su-cheon (Presiding Judge)