The judgment below

The conviction part is reversed, and this part of the case is remanded to the Daejeon District Court Panel Division.

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the second ground of appeal in light of the record, it is justifiable for the lower court to have determined that the instant facts charged did not constitute an offense subject to prosecution on the grounds as stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, failing

2. As to the third ground for appeal

A. Since part of the victim’s “ Q performance” (hereinafter “the instant performance”) is unique, it constitutes a copyrighted work subject to the protection of the Copyright Act. The lower court’s judgment that recognized copyright infringement on the ground that the Defendant’s performance, “L” performance, “M performance,” and “N” performance, which the representative Eresh, copied the same musical performance during the instant performance, is difficult to accept for the following reasons.

B. Article 2 Subparag. 1 of the Copyright Act provides that a work shall be “a creative production that expresses human thoughts or emotions.”

A creative production referred to in this Regulation refers to a work of creative nature, and creativity refers to a work of creative nature, and even if not required to be complete in its meaning, it shall not merely imitate another's work, and shall include the author's own independent idea or expression of appraisal. Thus, it cannot be deemed a creative production that contains expressions, i.e., expressions that cannot but be the same or similar creative identity of the author of a work, i.e., expressions that cannot be disclosed.

Copyright protection is a creative expression form that specifically expresses ideas or emotions obtained by people's mental efforts with respect to learning and art by speech, letter, sound, color, etc., and it is an idea, that is, the contents expressed.