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(영문) 서울북부지방법원 2013.05.15 2013노381
저작권법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 500,000) is too unreasonable.

2. In full view of various circumstances, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., the Defendant’s punishment sentenced by the lower court is too unreasonable, and thus, the Defendant’s assertion is reasonable, given that it is unreasonable for the lower court to have too unreasonable, in so doing, to view the following circumstances: (a) the Defendant, as a basic living recipient, is gathering and living together with a mother who has any inconvenience in body without his occupation; (b) the degree of infringement on the copyright of this case is not excessive; and (c) the extent of infringement on the copyright

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 (1) 1 of the Copyright Act concerning facts constituting an offense and Article 136 (1) 1 of the same Act concerning the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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