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(영문) 대법원 2021.01.28 2020도12461
저작권법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of the instant facts charged.

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 in violation of logical and empirical rules, misapprehending the legal doctrine on the establishment of a crime of violating the Copyright Act, or omitting necessary judgment.

The argument that the court below erred in the review of the image display by the defendant, or that the defendant's act constitutes a fair use of copyrighted works as provided in Article 35-5 of the Copyright Act, is not a legitimate ground for appeal, since the defendant's appeal was made on the grounds of appeal or the court below did not consider it as the subject of an ex officio.

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

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