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The prosecutor's appeal is dismissed.
Reasons
1. The prosecutor of the grounds of appeal asserts that the court below acquitted the defendant on the grounds that the defendant's use of the "F" was insufficient to recognize that the defendant's use of the "F" as a profession through the file sharing program, even though the defendant's use of the "F" was infringed by the defendant's copyright by allowing many unspecified people to download, the evidence submitted by the prosecutor alone, and that there was no other evidence to acknowledge it.
2. Determination
A. The Defendant in the facts charged in the instant case is a person using the Internet file-sharing website.
No person may infringe on author's property right or other rights protected by this Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of a derivative work, without the consent of the person having such rights.
Nevertheless, at around 17:51 on August 23, 2014, the Defendant infringed on the complainant’s copyright by making the complainant’s copyright up to the “tourt,” which is a file sharing program C and 404, an intellectual property D, and by making the complainant’s copyright available to many and unspecified persons.
B. The lower court found the Defendant not guilty of the facts charged in the instant case on the grounds as indicated in its reasoning.
C. According to the evidence duly admitted and examined by the court below and the court below, all of the circumstances presented by the court below are recognized. Thus, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant was engaged in the business of 'F', which is the work of the complainant, on the file sharing program, and there is no other evidence to acknowledge this otherwise.
Therefore, the judgment of the court below that acquitted the facts charged of this case is justified.
3. Article 364 of the Criminal Procedure Act provides that the prosecutor’s appeal for conclusion is groundless.