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(영문) 대법원 2013.09.26 2013도7969
저작권법위반방조
Text

All appeals are dismissed.

Reasons

1. First, the defendant A and B's grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the court of first instance, which the court below maintained the reasoning, the court below was just in finding the above Defendants guilty of the violation of the Copyright Act in the part 3 of the annexed list of crimes in the judgment of the court of first instance (excluding the part excluding the facts charged by the court of first instance) among the facts charged in this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles on the specification of facts charged, the burden of proof

2. Next, we examine Defendant C, D, and F’s grounds of appeal.

According to the records, the above Defendants did not submit the grounds for appeal within the statutory period, and did not state the grounds for appeal in the petition of appeal. Accordingly, the court below dismissed the appeal pursuant to Article 361-4 of the Criminal Procedure Act, but did not render a ruling but sentenced the other Defendants together with the judgment.

In such a case, the above defendants shall not be deemed as the grounds for appeal against the judgment of the court below, such as in the case of failing to file an appeal, or in the incomplete hearing, failure to exhaust all necessary deliberations, or violation

(See Supreme Court Decision 95Do2149 delivered on January 23, 1996, etc.). 3. Finally, Defendant E’s appeal is examined.

Defendant

There is no entry of reasons in the petition of appeal filed by E and there is no entry of reasons in the petition of appeal.

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

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