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(영문) 대법원 2013.12.26 2013도7077

저작권법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendants guilty of the facts charged in this case on the grounds as stated in its reasoning, and there were no errors in the misapprehension of legal principles as to the “use of works made public,” “fair use of works,” and “the abuse of rights by the copyright owner.”

In addition, the court below erred by misapprehending the legal principles on the subject of protection under the Copyright Act.

There is an error of disregarding the defendants' request for permission for use without preparing procedures, etc. related to permission for the use of copyrighted works by the Office of Education or by the Office of Education.

The remaining grounds of appeal on the following grounds: (a) the use of the call issue has been customaryly acceptable, and the Defendants committed an error in the misapprehension of the circumstances for which permission was granted by the original author; (b) the Defendants’ grounds of appeal are the grounds of appeal, or the lower court did not consider it as being subject to an ex officio determination, and thus, are not legitimate grounds of appeal.

Furthermore, even if examining the record, the lower court did not err by misapprehending the legal doctrine as alleged by the Defendants.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

참조조문