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(영문) 서울중앙지방법원 2018.09.20 2018고정1589

저작권법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Records] On April 26, 2018, the Defendant was sentenced to imprisonment with labor for a crime of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (obscenity distribution) at the Seoul Central District Court, and the judgment became final and conclusive on July 21, 2018.

[Criminal facts] No person shall infringe upon a author's property right by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

On July 21, 2016, the Defendant had access to “B”, which is an Internet web site, by means of a computer, to “C” on July 21, 2016 at the infasi, Daegu City (hereinafter referred to as “Seoul”) and had access to “E”, which is a video work owned by the victim LAD, and distributed it to an unspecified number of the above-site visitors without authority to receive and share it.

Accordingly, the defendant infringed on the complainant's property right.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. A written statement;

1. Report of investigation (specific suspect);

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history (A) and text of the judgment;

1. Article 136 (1) 1 of the Copyright Act (Selection of a punishment for a crime) concerning facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. It shall take into account equity in cases where a judgment is to be rendered simultaneously with a crime recorded in the judgment on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, which became final and conclusive, of the Criminal Procedure Act;