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(영문) 인천지방법원 2018.04.19 2017노1563
저작권법위반
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not reproduce and use a “F” program (computer program work) related to the victim company’s “F.”

The building drawings at issue in this case were prepared in N, which was the main company at the time of the defendant, and was put up on the Internet web page, and the books written in the relevant drawings also in the above external company.

Nevertheless, the court below found the defendant guilty in relation to the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant is a person who operates an architect office in the name of the architect office D from the Namdong-gu Incheon Metropolitan City 34.

No person shall infringe on another person's copyright by reproducing or using another person's computer program without legitimate authority.

Nevertheless, from June 1, 2014, the Defendant, from around June 1, 2014, performed a construction design using a gld program at the above certified architectless office, and copied and used a Korean letter program called “F”, a copyright holder, E’s copyrighted work.

Accordingly, the defendant infringed on the copyright of the victim company's Korean letter.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence as indicated in the relevant column of evidence.

(c)

The F’s body inside (F), at issue in this case, includes some of the creativity and may cause a sense of appreciation in addition to the usefulness of the letter. However, it is recognized that the aesthetic elements or creativity is separated from the original function of the letter, so that it can be a separate sense of appreciation.

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