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(영문) 대법원 2016.01.28 2014도9874
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal as to the act of aiding and abetting a violation of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (hereinafter “Information and Communications Network Act”), and the grounds of appeal as to the intent thereof, the lower court determined that, as the representative of Defendant C (hereinafter “Defendant A”) who operates the web submering company under the name of “I”), Defendant C (hereinafter “Defendant C”) operating the web submering company under the name of “I”), the profits arising from the “J” operated by the joint Defendant B within the lower court’s “I” constituted a significant portion of the sales of the Defendant Company, and that when the members download obscene videos into the “J” club, they would pay KRW 1.5 million to the Defendant Company as activity expenses each month in order to increase the profits of the Defendant Company when the members knew that the profits of the Defendant Company would occur, thereby facilitating the Defendant Company’s act of violating the Information and Communications Network Act (obscenity distribution of obscene materials) and that the Defendant A’s intent with respect thereto may be recognized.

The decision was determined.

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted by the first instance court, the lower court’s determination is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding the protection of an information and communications network act (obscenity distribution) and intent thereof, or by misapprehending the bounds of free evaluation of evidence, or by exceeding the bounds of logical and empirical rules and by misapprehending the legal doctrine regarding free evaluation of evidence.

2. The act of aiding and abetting infringement of copyright and the act of aiding and abetting infringement of the right of reproduction protected by the Copyright Act on the grounds of appeal as to the intention thereof refers to all direct and indirect acts that facilitate the infringement of the right of reproduction of a principal offender;

This includes not only aiding and abetting a principal offender's infringement of the transmission right of reproduction but also predicting and facilitating the infringement of the future transmission right of reproduction before commencement of the act of infringing the transmission right of reproduction.

another.

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