저작권법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. On July 6, 2018, the Defendant, who failed to file a statement of grounds for appeal, filed an appeal against the lower court on the grounds of appeal, and on April 11, 2019, was served with the notification of the receipt of the trial records by this court on April 11, 2019, and did not file the statement of grounds for appeal within 20
However, there are the following reasons for ex officio destruction of this case.
2. According to the records of this case ex officio destruction, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Incheon District Court on March 21, 2018, and the above judgment became final and conclusive on June 29, 2018. The crime of the lower judgment and the above crime for which judgment became final and conclusive on June 29, 2018 are concurrent crimes under the latter part of Article 37 of the Criminal Act, and a sentence is determined by taking into account equity with the case where the judgment is to be rendered at the same time pursuant to the main sentence of Article 39(1) of the Criminal Act.
3. In conclusion, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, since the above ground for ex officio reversal exists.
[Dao-written judgment] The summary of facts constituting a crime and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court below, except for adding "1. case summary agreement assistance meetings, 2018 ancient District Court, 2018 Highest 442, 2018 Highest 948 Highest 948 (Joint Judgment)" to the summary of the evidence, "the defendant was sentenced to six months of imprisonment for fraud, etc. at the Incheon District Court on March 21, 2018, and such judgment was finalized on June 29, 2018" as stated in the first copy of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 136 (1) 1 of the Copyright Act for facts constituting an offense (the point of infringement of copyright for profit) and Article 136 (2) 3-3 and Article 104-2 (2) of each Copyright Act;