The judgment of the court below is reversed.

Defendant shall be punished by a fine of 3.5 million won.

The above fine shall not be paid by the defendant.

According to the records of this case, even if the defendant was served on June 9, 2014 of the notification of the receipt of the trial records, he did not submit the statement of grounds for appeal within 20 days from the date the notification was received, and the petition of appeal does not contain

However, even if the crime of Article 136 (1) of the Copyright Act was committed on several occasions through the expression of habituality, it should be viewed as concurrent crimes in principle, and it should not be regarded as a habitual offender who is punished by a single crime.

In addition, since the legal interests infringed upon each work are different even if the copyright holder is the same, each act of infringing on each work shall be deemed to constitute separate crimes in principle. However, if an act of infringing on the same work as a single and continuous criminal intent has been repeatedly committed for a certain period of time (see Supreme Court Decision 2011Do12131, May 10, 201). According to the evidence duly adopted and examined by the lower court and the lower court, the lower court determined that the Defendant’s act was a single comprehensive crime, even if the Defendant was recognized as having engaged in several copyrighted works as shown in the annexed list of crimes in the lower judgment. In so determining, the lower court erred by misapprehending the legal doctrine on the number of crimes committed in violation of the Copyright Act, which affected the conclusion of the judgment, and thus, the lower court cannot be maintained further in this regard.

As above, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act as long as the ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;