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(영문) 대구지방법원 2016.07.15 2015노2716

저작권법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (1.5 million won in penalty) is too unreasonable.

2. It is recognized that the defendant's mistake is divided, and there is no record of punishment for the same kind of crime.

However, in light of the legislative purpose of the Copyright Act that intends to contribute to the improvement and development of the related industry by protecting the author's rights and promoting fair use of copyrighted works, the punishment is determined by lowering the sum of fines specified in the summary order of each case joined by the court below, the defendant did not agree with the victim, and there is no change of circumstances that may otherwise determine the court below and the punishment, and other factors of all the sentencing specified in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of each of the crimes of this case, and the circumstances after the crime, etc., it is not recognized that the court below's punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

참조조문