저작권법위반
The accused shall disclose the summary of the judgment of innocence.
1. The Defendant is a person engaged in manufacturing business under the trade name B of the facts charged.
No person shall infringe upon any author's property right or other property rights protected pursuant to the Act by means of preparation of a derivative work, such as reproduction, performance, public transmission, exhibition, distribution, rental, etc.
Nevertheless, from April 6, 2017 to February 27, 2018, the Defendant illegally reproduced a program of D E, which was located in Si interesting City C, without purchasing it as a refined work, and used it in the computer for business purpose, thereby infringing on the copyright holder’s property rights.
2. The assertion and judgment
A. 1) The instant warrant is a defect in the subject of the execution of the warrant as it actually conducted search under the pretext of technical support by a F organization which practically carries out a search with the complainants.
2) The Defendant did not notify the Defendant of his right to participate in the process of executing the instant warrant, and did not actively and substantially guarantee the Defendant’s active and substantial participation.
3) In the process of executing the instant warrant, the police did not present the first page corresponding to the warrant mark to G, who is the representative of the Defendant Company, but did not present the reason and place requiring search and inspection, the body and articles to be searched. In addition to G, the police did not present the warrant individually to the Defendant, who is the actual operator of the Defendant Company, and the employees of the Defendant Company.
4) The evidence obtained on March 7, 2018 by F organization personnel I after search on March 7, 2018 is inadmissible as evidence without a warrant.
B. The main text of Article 12(3) of the Constitution of the Republic of Korea provides that “a warrant issued by a judge upon a prosecutor’s request shall be presented in the event of arrest, detention, seizure or search.” Articles 219 and 118 of the Criminal Procedure Act provide that “When an investigative agency executes a search and seizure warrant, it is essential to the person subject to the disposition.”