저작권법위반
The judgment of the first instance is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. Error of mistake (i.e., works of the Defendant’s business may be easily seen by any person through Internet search and no restrictive measure has been taken by the author, so that the author’s downloads and the downloads may impliedly consent to the author’s downloads and the business.
The instant works are not subject to protection under the Copyright Act.
Luxembourg The Defendant, on behalf of the Internet users who conduct English and Japanese language books, was engaged in the instant works, not in business for profit.
B. The first instance of the unfair sentencing decision (2 million won of fine) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the first instance trial.
The first instance court rejected the argument in detail under the title "the judgment on the defendant and his defense counsel's assertion".
Compared with records, the first instance judgment is justifiable.
The defendant's assertion of mistake is without merit.
B. As to the assertion on unfair sentencing, the Defendant has divided his mistake in depth and does not repeat again.
The defendant is an initial criminal who has no record of criminal punishment.
The defendant did not have much profits from the crime of this case.
In addition, in full view of the Defendant’s age, character and conduct, environment, family relationship, motive, means and result of the crime, and all of the sentencing conditions shown in the records and pleadings, the first instance court’s punishment is somewhat inappropriate.
The defendant's assertion of unfair sentencing is justified.
3. As such, the defendant's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
Criminal facts recognized by this court as well as summary of evidence are stated in each corresponding column of the judgment of the court of first instance.