저작권법위반
The judgment of the court below is reversed.
Defendants shall be punished by a fine of seven million won.
Defendant
A does not pay the above fine.
1. Summary of grounds for appeal;
A. After filing a petition of appeal on November 16, 2018, the Defendants filed the petition of appeal, and Defendant A and Defendant B (hereinafter “Defendant Company”) were served on December 7, 2018 on the receipt of each written notification of the receipt of the trial records on December 6, 2018, the Defendants failed to file the statement of grounds for appeal within the lawful period for submission, and the petition of appeal does not contain any indication of the grounds for appeal in the petition of appeal.
The Defendants filed an appellate brief on January 16, 2019, which was after the filing of the appellate brief, and filed an allegation of mistake or misapprehension of legal principles in the course of submitting the appellate brief on May 10, 2019, respectively. However, each of the above arguments was filed after the deadline for submitting the appellate brief, and thus, cannot be a legitimate ground for appeal.
(See Supreme Court Decision 201Do466 Decided March 10, 201). Furthermore, even when examining the Defendants’ assertion of mistake or misapprehension of legal principles ex officio, according to the evidence duly adopted and examined by the lower court and the lower court, Defendant A infringed the right to reproduction of the said copyright holder by reproducing the props of “F” and the designs of “G”, a work of art C, without permission, and the Defendant Company was not deemed to have paid considerable attention and supervision to prevent copyright infringement. Therefore, the Defendants’ assertion of mistake or misapprehension of legal principles is without merit.
Meanwhile, there is no need to separately determine the Defendants’ assertion of unfair sentencing on the grounds of ex officio reversal.
However, as examined below, the court below did not decide to dismiss the defendants' appeal on the grounds of failure to submit the grounds of appeal, unless it reverses the judgment of the court below on the grounds of ex officio reversal.
B. Each sentence sentenced by the lower court to the Defendants (a fine of KRW 7 million for each of the Defendants) is deemed to be too uneasible and unfair.
2. The court shall make ex officio decisions on the relation of receipt of the crime.