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(영문) 대구지방법원 2016.11.04 2016노498

저작권법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. The judgment of the court below is contradictory to the confession of the crime of this case. The crime of this case is committed first between the crime of violation of the Copyright Act and the crime of this case, which is established first, and the crime of this case must be judged concurrently and equitable in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act. However, the defendant not only was punished for the same crime prior to the crime of this case, but also had the record of being sentenced to the suspension of indictment several times. In particular, the defendant committed the crime of this case during the trial of the crime of violation of the Copyright Act. The court below already reduced the fine notified in the summary order by taking into account favorable circumstances to the defendant, there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the court below. The defendant's age, character and behavior, environment, motive, means and result of the crime of this case, circumstances after the crime of this case, and criminal records and arguments in this case. Thus, the defendant's assertion is without merit.

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