The judgment of the court below is reversed.

Defendants are not guilty.

1. 공소장 변경에 따른 직권판단 검사는 당심에 이르러 원심의 심판대상이었던 피고인 A, 주식회사 B에 관한 공소사실 중 영화 “청담보살”과 동영상 “M의 롸잇나우”에 대한 공소사실과 관련하여 그 저작권자를 청담보살은 ‘청담보살’에서 ‘주식회사 아론미디어’로 M의 롸잇나우는 ‘M’에서 ‘주식회사 세상의 모든’으로 변경하는 내용의 공소장변경허가신청을 하였고, 이 법원은 이를 허가하는 결정을 고지함으로써 피고인들의 심판대상이 변경되었다

(A) As to Defendant A and D, the lower court’s judgment on Defendant A and B cannot be maintained any further. However, the lower court’s judgment on Defendant A and D cannot be seen as having changed because it was merely a deletion of the error portion.

(1) The court below found the Defendants guilty of all the facts charged and sentenced a single sentence as concurrent crimes under the former part of Article 37 of the Criminal Act. As such, the part of the judgment below against the said Defendants, which did not change the facts charged, should also be reversed. However, the argument of misunderstanding of facts or misunderstanding of legal principles as to the part on which the facts charged was not changed, is still subject to the judgment of this court.

The following judgments shall be made:

2. The summary of the grounds for appeal by the Defendants (in fact or misunderstanding of legal principles) is as follows: (a) although the Defendants did not make a prior request for protection prior to the infringement of copyright, or did not request measures to prevent infringement by being aware of the fact of infringement, the Defendants were in charge of pening measures at the current technical level; (b) so the Defendants did not have any obligation to take measures to prevent copyright infringement; and (c) there was no intention to assist the infringement of copyright.

Nevertheless, the judgment of the court below convicting the Defendants of the facts charged.