logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.11.26 2015도7887
저작권법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Even if examining the reasoning in light of evidence, the lower court did not err by misapprehending the legal doctrine on the cancellation of a complaint or the proviso of Articles 28 through 35-3 and 141 of the Copyright Act, without failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

In addition, the argument that the court below erred by misapprehending facts or failing to exhaust all necessary deliberations on the grounds for sentencing is ultimately an allegation of unfair sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the Defendants, the argument that the punishment is too unreasonable is not legitimate grounds for appeal

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow