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(영문) 대법원 2013.10.24 2013도5800
저작권법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, we affirm the judgment of the court of first instance which acquitted the defendant on the ground that the violation of the Act on the Promotion of Game Industry among the facts charged in this case constitutes a case where there is no evidence of crime.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the violation of the Game Industry Promotion Act and the “where the court should ex officio recognize a crime different from the facts charged.”

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the guilty portion is not indicated in the petition of appeal, and the appellate brief does not contain any grounds for objection.

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

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