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(영문) 수원지방법원 2018.09.06 2018노2139

저작권법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below acquitted the defendant of the violation of the Copyright Act against the defendant, although the defendant did not take any particular measures to prevent the violation of the Act, the court below found the defendant not guilty of the violation of the Copyright Act, which affected the conclusion of the judgment by misunderstanding the facts.

2. The lower court determined that the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant was negligent in giving due attention and supervision to prevent the violation of the Act, and that there was no other evidence to acknowledge otherwise, in view of the following circumstances acknowledged by the record, i.e., the Defendant provided education related to illegal software periodically to employees and urged them to pay attention thereto from time to time via mail.

The judgment below

Examining the reasoning in comparison with the record, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts in the judgment below.

Therefore, the prosecutor's assertion is without merit.

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

참조조문