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(영문) 서울북부지방법원 2015.07.16 2015노500

저작권법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unfilled.

2. The judgment of the court below is based on the following facts: although the defendant has already been punished by a fine twice for the same crime as each of the crimes in this case, each of the crimes in this case has been committed by the defendant, each of the crimes in this case has been committed by the defendant, each of the crimes in this case has been committed by 703 video works up to two months, public transmission to many and unspecified persons visiting the website so that they can download them; 400,000 points deposited in cash; 200,000 won deposited in the bank account designated by the defendant; the defendant applied for cash conversion; and 20,000 won deposited in the bank account designated by the defendant; thus, the defendant violated copyright such as the victim corporation SPS content hub, etc.; however, the defendant's wrong recognition of the crime in this case is divided in depth; the defendant seems to have been able to block each of the crimes in this case without having access outside of depression; the defendant's daily life and her mother's ability to enjoy profits from each of the crime in this case;

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.