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(영문) 광주지방법원 2018.07.05 2018고정591

저작권법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall infringe any author's property right or other property rights protected pursuant to this Act by means of reproduction, public performance, transmission to the public, exhibition, distribution, lease, or preparation of a derivative work.

Nevertheless, on March 21, 2016, the defendant had access to the Internet file sharing site C in Gwangju North-gu, Gwangju-gu, and infringed the complainant's copyright by making D'E' and F's copyright available to the unspecified majority without the complainant's consent.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Complaint;

1. Application of statutes on personal information of subscribers to the C Account;

1. Article 136 (1) 1 of the Copyright Act applicable to the relevant criminal facts and Article 136 (1) 1 of the Act on the Selection of Punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;