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(영문) 대법원 2017.10.26 2017도3171
저작권법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of violating the Copyright Act among the facts charged in the instant case on the grounds stated

In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine

In addition, the argument that Article 137 (1) 1 of the Copyright Act is invalid because it violates the principle of statutoryity of a crime under Article 137 (1) 1 of the Copyright Act is not a legitimate ground for appeal, as it newly asserts in the final appeal that the court below did not consider it as a ground for appeal or

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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