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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2017.09.07 2017노381
저작권법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles) (hereinafter “the instant book”) was permitted by the Victim F (hereinafter “victim”) to use “G” as indicated in the judgment below orally at the time when writing the book “E” (hereinafter “E”), but the lower court erred by misapprehending the facts or misapprehending the legal doctrine that found the Defendant guilty of the charge of violating the Copyright Act against the Defendant.

2. In light of the following circumstances, the witness J and K’s statement at the trial court at the trial court and the trial court at the trial court, which seems to be consistent with the fact that the defendant was permitted to use the copyrighted work of this case by the injured party, are hard to believe that its credibility is well-founded in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the trial at the trial court, and it does not interfere with the recognition of criminal facts in the judgment below, and according to each of the above evidence, the defendant is not allowed to use the copyrighted work of this case without obtaining permission from the injured party, and it can be sufficiently recognized that the defendant infringed the victim’s property right by reproducing 220 pages, such as the design and content of the copyrighted work of this case, as indicated in the judgment of the court below. Thus

The victim made a consistent statement to the investigative agency and the court of the court below on the following grounds: “I do not permit the Defendant to use the copyrighted work of this case.”

The instant book is a book drawn up by editing only the core contents of the “L” written by the Defendant, “M” written by the Defendant and J, and “the instant work” written by the victim. The Defendant and J are merely the co-authors of the instant book, and the victim is merely the “a person who assisted,” and the said book is widely cited in 220 pages exceeding half of the entire 436 page.

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