The defendant shall be innocent.

1. The summary of the facts charged may not be infringed upon by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of derivative works, without the consent of the holder of the author’s property right or other rights protected under the Copyright Act.

On March 30, 2017, the Defendant: (a) connected a file box (htp: /W. wwwm.com) which is an Internet file sharing site in the Incheon Gyeyang-gu’s residence to AE, and opened a file of a video work with an AE, “E” (i) sent number 54846315”; (b) on May 15, 2017, ② on May 15, 2017, the notice number 57308135”; (c) on the bulletin number 5730871” (i) posted number 5730871” (i) posted number 573087.

Accordingly, the Defendant, even though he did not have obtained permission for the work of the UN Cases, infringed upon the property right of the entertainment in the United Nations case by distributing it to many unspecified persons in the way of downloading it.

2. Determination

A. An alliance contract concluded between a copyright holder and a web hard site operator is not deemed to have been concluded under the awareness that the act of the copyright holder is illegally distributed another person’s work (see Supreme Court Decision 2011Do7156, Sept. 27, 2012). In addition, it is difficult to view that the burden of proof of criminal facts charged in a criminal trial exists to the prosecutor, and the recognition of conviction is reasonable doubt by the judge.