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(영문) 의정부지방법원 2018.04.05 2018노235
무고등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not know the fact that F and L opened the so-called “Ambaccom” and caused victims to engage in the business of using D’s body images, and thus, there was no intention of attack and false accusation.

B) The publication of an official announcement to put DNA images into membership rating service after the creation of the naval car page is not a “misunderstanding” or “approval” merely because the act of infringing copyright was “inciting” or “inciting”.

Therefore, if the members of the ship camera carried out the above publication without due payment of royalties, it constitutes an act of copyright infringement, and the filing of a complaint constitutes an act of copyright infringement, not a legitimate exercise of rights as a copyright holder.

C) The act of sending a warning to the victims to the effect that they will hold a civil or criminal liability without payment of the agreed amount at the time of demanding the agreed amount, is a legitimate right holder, and does not constitute intimidation in the crime of conflict.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. As to the assertion that there was no criminal intent, the lower court rejected the Defendant’s assertion in detail under the title “a judgment on the assertion that there was no criminal intent” in this part of the grounds for appeal, and based on the reasoning of the judgment, the lower court rejected the Defendant’s assertion in detail. In addition to the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, taking into account the following circumstances acknowledged by these evidence, the Defendant first used F and L to have the victims using the naval car page.

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