저작권법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
가. 사실오인 및 법리오해 1) 저작권법위반죄는 저작권법상 과실범을 처벌하는 규정이 없는 이상 고의범만 처벌하게 되는데, 2013. 11. 23.자 뉴스데스크 “NLL 한미훈련하면 북한이 쏴야” 제목의 보도(이하 ‘이 사건 제1 보도’라 한다
(2) The news report of this case contains the report of this case (hereinafter “the report of this case No. 2”) in which the source is indicated by indicate the origin as a hub, and on the same day, the news report of this case is deemed to be a report of this case.
) The news report of this case is a customary practice for news reports to indicate the source from the first top of the block, in which the source is displayed from the first top of the block, and the news report of November 25, 2013 (hereinafter “the report of this case 3 news reports”). The news report of this case is the news report of this case (hereinafter “the report of this case”).
The news reports of November 26, 2013 (hereinafter “instant report”) and the news reports of the news report “Submission of the news report” (hereinafter “instant report”).
In the case of the report Nos. 1 and 2, other reporters who are different from those of the reporters in charge of the report Nos. 3 and 4 of this case, and the reporters coverage the report Nos. 3 and 4 of this case, unlike the report Nos. 1 and 2 of this case, did not receive the victim's images from the host site in the process of screening and editing the images at the time, and search and use the images of the Nos. 1, 2, and NABC registered in the news information system, which are within the cultural broadcast internal computer network, and considering the above circumstances, the defendant did not have intention to violate the indication of sources, and only there was negligence related to the method of indicating sources, and thus, it does not constitute a violation of the Copyright Act. 2) Even if the act of this case constitutes the element of a violation of the Copyright Act, it is dismissed as it constitutes an act that does not violate social rules
(b).