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(영문) 서울남부지방법원 2015.02.13 2014노1497
저작권법위반방조등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of fact-finding Defendants faithfully carried out DNA filtering, the best technical measure existing to protect copyright, and there was no intention for aiding and abetting such as deletion.

B. In light of the legal principles, Defendant A was appointed as the representative director of Defendant Company on April 22, 2013 and started to operate “F” (F; hereinafter “instant site”) which is a file sharing site from that time, Defendant A cannot be established as an aiding and abetting offender with respect to notices posted prior to that time. The instant facts charged constitute a case where the prosecution procedure becomes null and void in violation of the provisions of the law because the date and time of the principal offender’s crime, i.e., the date and time of the crime, is not specified.

C. The sentence sentenced by the court below on unreasonable sentencing (the defendant: a fine of three million won for each of the defendant) is too unreasonable.

2. Determination

A. As to the determination of mistake of facts, the court below's determination on the defendant's and defense counsel's assertion of mistake of facts

2. The court below specifically decided the circumstances acknowledged by the evidence duly adopted and examined in relation to the establishment of aiding and abetting liability, and comprehensively determined that Defendant A, as the representative director of the defendant company, operated the site of this case and aided and abetting the site users' copyright infringement and display of obscene materials. If the above judgment of the court below is closely compared with the evidence and records adopted in the court below, the judgment of the court below is just and it is not erroneous and there is no error of law that affected the conclusion of the judgment by misunderstanding facts.

B. In determining the misapprehension of the legal doctrine, Article 254(4) of the Criminal Procedure Act provides that the time, place, and method of a crime must be specified in the facts charged.

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