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(영문) 서울중앙지방법원 2015.12.04 2015노3609
저작권법위반
Text

The judgment of the first instance is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal (e.g., the sentencing of the first instance court (a fine of three million won) on the accused is too unreasonable.

2. The decision-making defendant reflects the crime of this case and leads to academic discipline.

After H entered into a contract with H Publication G, the Defendant may take into account the instant crime, such as making the instant book upon his recommendation, and putting the neck, etc. into consideration.

In addition, considering the degree of damage, age, character and conduct, environment, family relationship, criminal record and circumstances after the crime, the sentencing of the first instance court against the defendant seems to be too unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered through pleading

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning criminal facts, the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of sentence: Article 59 (1) of the Criminal Act (the punishment to be deferred: fine of a fine of a million won, detention in a workhouse: 100,000 won per day, and the reasons described in paragraph (2) of the judgment);

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