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(영문) 대법원 2017.09.12 2017도10539
저작권법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment of the court below in light of the records, it is just that the court below acquitted the prosecutor of the changed facts charged (excluding the part of conviction in the court below) on the grounds stated in its reasoning, considering that there is no evidence of crime, and there is no error of law by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court’s judgment that found the Defendant guilty of the modified facts charged (excluding the portion not guilty of the lower court) on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of an unfair sentencing. As such, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for final appeal.

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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