(영문) 인천지방법원 2013.09.12 2013노1753 | 리걸엔진

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(영문) 인천지방법원 2013.09.12 2013노1753

저작권법위반

Text

The judgment below

Part concerning the second offense in the judgment shall be reversed.

A fine of 4,00. 200.

Reasons

1. The sentencing of the lower court (a fine of KRW 3,00,000 for the first offense, and a fine of KRW 4,00,000 for the second offense in its holding) is deemed to be too uneasible and unreasonable.

2. Judgment ex officio due to changes in indictment;

A. Prior to the judgment on the grounds for appeal by the prosecutor of the amendment to indictment, the prosecutor applied for the amendment to indictment with the following additions to the facts charged as stated in the judgment of the court below as to the crimes No. 2 in the indictment of this case. Since this court permitted the amendment, the part concerning the crimes No. 2 in the judgment of the court below as stated in the judgment of the court below cannot be maintained in this regard.

B. On January 18, 2013, the Defendant infringed on the copyright holder’s copyright by advertising “Tact disc” which is a cinematographic work in which the LAWWB content has copyright at the Defendant’s house, Seo-gu, Incheon, Seo-gu, B apartment 1, 1509.

3. The prosecutor's judgment on the prosecutor's assertion of unfair sentencing (as to the first crime on the market), even before the defendant committed the first crime on the judgment of the court below, it is recognized that the defendant had been sentenced several times to a fine for the same kind of crime, but the defendant has the discretion to commit the crime of this case and reflects it. The first crime in the judgment is in the relation of ex post concurrent crimes with the crime of violating the Copyright Act which became final and conclusive, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and behavior, family environment, background and result of the crime of this case, circumstances before and after the crime, etc., it is not deemed unfair

4. If so, the part concerning the second crime of the judgment of the court below as to the crime of violation of Article 364 (2) of the Criminal Procedure Act is without examining the prosecutor's allegation of unfair sentencing as to this part of the judgment of the court below.

참조조문

-저작권법

-형사소송법 제364조 제2항

유사 판례

-서울남부지방법원 2014.06.12 2014노85

-대구지방법원 2016.09.02 2015노1602

-춘천지방법원 강릉지원 2015.09.03 2015노276

-인천지방법원 2013.06.11 2013고단1987

-창원지방법원 2015.04.29 2015노341