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The judgment of the court below is reversed.
The prosecution of this case is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant’s “E” and “F” are for sale, and the content of the screen of the company’s website, which is a compilation work copyright in D Co., Ltd., without permission of the copyright holder, is an act that is conducted without permission of the copyright holder, to the extent that it is reasonable.
Therefore, the judgment of the court below that acquitted this part is unfair as it misleads the facts or misunderstanding the legal principles.
2. Prior to determining the grounds for appeal ex officio, we examine ex officio whether the instant public prosecution is lawful.
The lower court found Defendant guilty on the part of the charges of this case that “The Defendant, at the office of D Co., Ltd. in Seocho-gu Seoul, working from September 2009 to August 2010, by having access to the Internet “D” website using a computer, and published the above books through G publication without permission of the copyright holder, by exposing up the screen pictures, advertising pictures, and detailed decomposition, etc. of compilation works, which are copyrighted on D Co., Ltd., without permission of the copyright holder. Accordingly, the Defendant infringed the copyright of the said copyright holder by means of reproduction and secondary copyrighted work.” However, the part cited by the Defendant on the website as to the screen was determined to be consistent with fair practices within the reasonable scope pursuant to Article 28 of the Copyright Act, and there is insufficient evidence to acknowledge that the Defendant’s act was unreasonably infringed on D Co., Ltd. based on evidence submitted by the prosecutor.