On February 19, 201, the Defendant, in collusion with employees in the name distressed, produced the J Hospital “J Hospital” (L), which was ordered by K, the president of the J Hospital, at the D office operated by the Defendant in the building of the Nam-gu Incheon Metropolitan City, and copied 13 images of the victim’s multi-use image without permission, and posted them on the website, thereby infringing the victim’s property right.

Summary of Evidence

1. Each police interrogation protocol against K and the accused;

1. Each investigation report, accusation, each certificate, content-certified document, printed materials from image-using web page, judgment in violation of the Copyright Act, summary order, and indictment for violation of the right of self-production;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc.;

1. Article 136 (1) of the former Copyright Act (Act No. 9785) and Article 30 of the Criminal Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The judgment on the assertion of the defendant or his defense counsel under Article 59(1) of the Criminal Act (the suspended sentence: fine of 500,000 won, KRW 50,000 per day for confinement for exchange) (the defendant has no previous conviction, and the motive and circumstances for the crime of this case, circumstances after the crime, the defendant's age, occupation, family relationship, health conditions, etc.)

1. The Defendant’s act of posting each image of the images indicated in facts constituting a crime (hereinafter “the images of this case”) constitutes “justifiable citement of works made public” under Article 28 of the former Copyright Act (No. 9785).

2. Article 28 of the former Copyright Act (Act No. 9785) provides that a work already made public may be quoted for news reports, criticism, education, research, etc., in conformity with fair practices within a reasonable scope. Whether a work is quoted in conformity with fair practices within a reasonable scope is the purpose of the quotation, the nature of the work, the contents and quantity of the quoted work, and the method and form that contain the cited work.