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(영문) 의정부지방법원 2017.12.11 2017노642

저작권법위반

Text

The judgment below

Part concerning Defendant A and B shall be reversed, respectively.

Defendant

B shall be punished by a fine of KRW 7,000,000.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (i) or misunderstanding of the legal principles, ① the Defendant consented to adding himself/herself as a person who is a public letter on February 2, 2003 of “L”, and there is no consent to add himself/herself to the issuance of the first set of “P” (hereinafter “P”) on March 10, 2012.

The defendant's act on February 2003, as the statute of limitations has expired, should be acquitted, and since the effect of the above consent does not extend to the publication of the book of this case, the defendant's act cannot be held liable as a principal offender for indicating the false author in the publication of the book of this case.

(2) The Defendant was actually engaged in the process of revising L 2 plate units, correcting errors, adding reference documents, etc., and thus, the Defendant may not be deemed an author, other than the author.

See The sentence of the court below's improper sentencing (the penalty amount of KRW 10 million) is too unreasonable.

B. Defendant B and C’s sentence (Defendant B: fine of KRW 10 million, Defendant C: fine of KRW 3 million) is too unreasonable.

2. Judgment on Defendant A’s misunderstanding of facts or misapprehension of legal principles

A. The summary of the facts charged C is D school environmental engineering and professors, the Defendant is a major professor in the health department in E school, and the F school new renewable energy and professors.

C around February 2, 2012, as a co-work of C, I, J, and K from H, a business employee of G, in the book of “L” published on March 3, 2004, G received a request for additional defects of professors, other than the author, as a co-author.

On February 2, 2003, around February 2, 2012, the Defendant received a request to add the Defendant, B, and M, who is not the author, to the said book from N and H, a business employee of G, and accepted it.

Afterwards, N and H added Defendant, B and M to the “P” on the front-line sign of the “L” book, even though they did not participate in the work of Defendant, B and M on March 10, 2012.