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(영문) 수원지방법원 2014.08.21 2013노1541
저작권법위반
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Inasmuch as misunderstanding of facts or misunderstanding of legal principles does not have the right to file a complaint with respect to the photographic image (Getty Image Inc.) of a company which is the complainant, it cannot be deemed that there is a legitimate complaint with respect to this part of the facts charged, which can be prosecuted only upon the victim's complaint. 2) The posting of each photograph and a logy composite (hereinafter "the instant photograph, etc.") as stated in the facts charged in the instant case constitutes a case where a work publicly announced under Article 28 of the Copyright Act is admitted in compliance with fair practices.

3) An employee of the Defendant, whose name is unknown, posted the instant pictures, etc., and the Defendant posted only legitimate pictures, etc. through a contract with the Z image site. As such, the Defendant was unaware of the violation of the Copyright Act, such as the facts charged. B. Even if the Defendant was found guilty of unreasonable sentencing, the lower court’s punishment (the first instance court’s fine: KRW 70,00,000,000,000,000,000 won, 30,000 won, is too unreasonable.

2. Ex officio determination

A. We examine ex officio prior to the judgment on the grounds for the consolidated examination.

The court of first instance sentenced the defendant to a fine of KRW 70,00,000,000,000,000 won, and the third court sentenced the defendant to a fine of KRW 300,00,00,000,000,000,000 won, and sentenced the defendant to a fine of KRW 1,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000

Therefore, the first, second, and third crimes of the court below against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act.

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