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집행유예
(영문) 울산지방법원 2014.4.14.선고 2014고단529 판결

저작권법위반

Cases

2014 Highest 529 Violation of the Copyright Act

Defendant

A person shall be appointed.

Prosecutor

In-depth (prosecutions) and Kim Flue (Trial)

Imposition of Judgment

April 14, 2014

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In August 28, 2007, the Defendant was operating a manufacturer of vessel components, etc. from Yangsan-si to "Btech." The Defendant used a total of 6 individualscom at the above "Bte office for business purposes," and up to January 15, 2014, the Defendant's victim's "victim" on the hard disc of the personalcomter used by the Defendant for business purposes until January 15, 201. The Defendant arbitrarily entered the victim's author's property rights in the above "Autdo CAD 2011" (or 4.100,000 won price of authentic works), the total of 10b.206 copies of the computer program and the victim's copyright rights in Korea, the total of 2010 won of the computer program, and the total of 4.0 billion won of the computer program, each of which was infringed on the victim's copyright rights in Korea.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the complainant's agent;

1. A confirmation mark as a result of the SW inspection;

1. Current status of use by PC;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 136(1)1 of each Copyright Act, each choice of imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (see, e.g., Reasons for Sentencing)

Reasons for sentencing

[Determination of Type] Infringement of Authors’ Intellectual Property Right

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] From August to June 1st

[General Life-longers] Reductions: Seriously half

[Cases as to whether a suspended sentence is suspended or not] positive reasons for general participation: clear social relation, serious reflectivity, and there is no criminal record of more than a sentence of enforcement.

Judges

Judges Kim Byung-hee