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(영문) 창원지방법원 2019.01.16 2018노2264

저작권법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor, such as the fact-finding information transmitted to the complainant company, the fact-finding reply to the complainant company, and the statement by the complainant's employees, the fact-finding that the defendant's unauthorized copyed E program was used through the black line can be acknowledged.

2. Determination

A. The lower court found the Defendant not guilty of the instant facts charged while sufficiently explaining the grounds for its determination.

B. Examining the evidence duly adopted and examined by the court below and the court below in light of the record, the evidence alone presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below that acquitted the public prosecutor of the facts charged of this case on the same purport did not err by mistake of facts, as alleged by the public prosecutor.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.