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(영문) 대법원 2019.06.27 2018도9903
저작권법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendants on the grounds that there was no proof of crime regarding the part arising from the distribution and possession of forged labels among the facts charged against the Defendants, on the ground that there was no proof of crime among the facts charged against the Defendants’ violation of the Copyright Act, the violation of the Trademark Act, and Q.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the violation of the Copyright Act and the intentional violation

2. On the grounds of appeal by the Defendants, the lower court found the Defendants guilty of violating the Trademark Act regarding the part caused by reproduction and Q from among the facts charged against the Defendants’ violation of the Copyright Act regarding Q, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the burden of proof, the legal relationship of license agreement, and the infringement

3. 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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