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(영문) 수원지방법원 2016.08.10 2016노1798
저작권법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence imposed by the court below (one million won by each fine) against the Defendants on the summary of the grounds for appeal is too unreasonable.

2. The defendants recognized all of the crimes of this case and reflected, and the defendant A did not have any record of criminal punishment other than a fine once.

However, in light of the legislative purpose of the Copyright Act, which aims to contribute to the improvement and development of related industries by reproducing a computer program without the consent of the copyright owner without permission and allowing its employees to use it for business of the company, and by protecting the author's rights and promoting fair use of copyrighted works.

Until the trial of the court, the damage has not been recovered.

In addition, the lower court’s sentencing against the Defendants is determined to be appropriate, and it does not seem to be unfair because it is too unreasonable, in light of the following circumstances, such as Defendant A’s age, sexual conduct, environment, motive, means, and consequence of the crime, and circumstances after the crime.

Therefore, the above assertion by the Defendants is without merit.

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

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