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(영문) 수원지방법원 2015.10.08 2015노1542

저작권법위반

Text

All the judgment below is reversed.

Defendants shall be punished by a fine of KRW 7,000,000.

Defendant

A, B, and C respectively.

Reasons

1. Summary of grounds for appeal;

A. The Defendants of misunderstanding of facts or misunderstanding of legal principles have lawfully purchased programs except for the “Autod 2007” program among the facts charged in the instant case and installed the program in a public computer. The Defendants only let other employees using another computer using the so-called “Meca” program (a system that connects multiple users with low-priced and output devices in the public computer 1) use the instant program, and do not separately reproduce and install and use the instant program. Even if the Defendants reproduced and installed the instant program on another computer, it is merely internal use by the Defendants’ company for private use, and does not constitute infringement of the copyright of the victims.

B. Each sentence sentenced by the court below on unreasonable sentencing (the defendant: each fine of KRW 10 million) is too unreasonable.

2. Determination

A. The court below rejected the above assertion by misunderstanding of facts or misunderstanding of legal principles on the same assertion as the reasons for appeal in this part, and under the title of "decision on the argument of the defendant and his defense counsel" in the judgment of the court below, the court below rejected the above assertion by stating in detail the defendants' arguments and the judgment. In light of the above judgment of the court below in comparison with the records, the judgment of the court below is just and it is not erroneous in the misapprehension of facts, which affected the conclusion of the judgment

B. Defendant B has a record of punishing a fine for another crime, protecting the author’s rights and rights adjacent thereto, and promoting fair use of copyrighted works, thereby improving and developing culture and related industries.