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(영문) 대구지방법원 2016.06.29 2015노5104

저작권법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The Defendant did not reach an agreement with the victim up to the time of the trial.

However, the defendant recognized the crime of this case and was in profoundly against the Defendant, and published a letter of apology and writing in the next car page on the Internet.

In addition, the defendant has no record of punishment for the same crime, and the defendant does not seem to have committed the crime of this case for profit.

In addition, the defendant seems to suffer from the current economic difficulties, not due to the disability of the second degree of brain-disease disability but due to the health condition of the disabled.

In addition, in full view of the circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, record of crime, motive, means and consequence of the crime of this case, and the circumstances after the crime, it is not recognized that the sentence imposed by the court below is too uneasible and unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.