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(영문) 대법원 2019.01.10 2017도21597

저작권법위반

Text

All appeals are dismissed.

Reasons

1. Examining the grounds of appeal by Defendant G in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court’s determination that Defendant G was guilty of the facts charged in this case on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on author’s moral right, the protected legal interest under Article 137(1)1 of

2. Examining the reasoning of the lower judgment as to Defendant J’s ground of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found Defendant J guilty of the facts charged in the instant case (excluding the portion of acquittal) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal,

3. As to the prosecutor’s grounds of appeal, the lower court reversed the first instance judgment convicting Defendant H on the ground that there was no proof of crime regarding the violation of the Copyright Act among the facts charged against Defendant H, the violation of the BW-related Copyright Act among the facts charged against Defendant J, and the charges against Defendant N, and sentenced Defendant N to

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal principles as to willful negligence

4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.