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(영문) 서울중앙지방법원 2018.07.27 2018노1098
저작권법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) ① Works created by the victim I, which are indicated in the table of crime Nos. 1, 2, 10 through 13 as indicated in the judgment of the court below, do not fall under “work related to work” under Article 9 of the Copyright Act. ② Works written in the table of crime Nos. 3 through 9, and 14 are not creative as they are produced without creative ideas or characteristics, and they cannot be said to be copyrighted. ③ The Defendant’s work “G” created by the victim’s work refers to the work created by adding or strengthening materials to the said work created by the victim.

2. The defendant argued the same purport in the court below, and the court below rejected all of the judgments in detail. In light of the evidence duly adopted and examined by the court below, the above judgment of the court below is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant, and all of the defendant's arguments are without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Criminal Procedure Act on the ground that “28 pages” in the part of “H work (victim)” No. 13 in the judgment of the court below appears to be “24 pages.” Thus, it is corrected ex officio in accordance with Article 25(1) of the Rules on the Criminal Procedure.

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