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(영문) 수원지방법원 2016.04.07 2016노622

저작권법위반

Text

The judgment below

The part against the Defendants is reversed.

Defendant

A shall be punished by imprisonment for eight months and by imprisonment for defendant B.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendants to each punishment (defendant A: imprisonment of one and half years, confiscation, additional collection, Defendant B: imprisonment of one and half years, and additional collection) is too unreasonable.

2. The Defendants committed the instant crime in a systematic manner, such as: (a) the period during which the Defendants infringed on the property rights of the UN CFT Co., Ltd.; (b) the profits acquired by selling the reproduced game items are high; and (c) the payment of wages to accomplices; and (d) the Defendants were punished for violating the Copyright Act while operating the private server in 2009.

However, in the case of the above trial, the defendants recognized all the facts charged of this case and criminal proceeds, and there appears to be a misunderstanding. The actual period during which the defendants operated the private server of this case is part of the whole period of the crime of this case, the defendants paid a considerable amount of the criminal proceeds acquired by the crime of this case to various expenses, the defendants deposited the total amount of KRW 40 million in 20 million in order to be the copyright holder corporation in the first instance, the defendants deposited the total amount of KRW 20 million in the court, and the defendants did not have any record of punishment for the same crime except the above fines, and their relatives want to have the preference against the defendants.

In addition, in the case of Defendant A, there are more favorable circumstances such as the fact that he was employed in another workplace and only left for the crime of this case, that the copyright owner corporation actively cooperates in the investigation in order to assist and eradicate illegal private servers, that there is no record of punishment until now, and that there is a need to consider equality with the case of a violation of the Punishment of Violences, etc. Act (joint injury) which became final and conclusive on July 16, 2015.

Further to these favorable circumstances: