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(영문) 수원지방법원 성남지원 2018.05.03 2018고정115
저작권법위반
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

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

If data are downloaded and stored in a computer-sharing polym with data downloaded using a forensic program, the P2P method results in the effect of displaying data stored in the sharing polym to allow other people to read or download. However, on July 24, 2017, the Defendant displayed at the Defendant’s house at Gwangju City B, B, and B 202, a file sharing program, with the file-sharing 'C’, which is the file sharing site, with the file-sharing polym, and then connected the file-sharing polym to the file-sharing 'E’, the complainant’s literary work ‘E’, F’, H’’’’’s literary work ‘I, J, K, and L’’’’’s literary work to allow the file-sharing polym to be perused by the Defendant’s computer storage, P2P method, and multiple and unspecified copyright victims to be perused.

Summary of Evidence

1. Statement by the defendant in court;

1. Each complaint filed by H, L, D, and F;

1. Application of Acts and subordinate statutes on attached materials;

1. Article 136 (1) of the Copyright Act and the selection of fines concerning facts constituting an offense;

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

1. The fact that the reasons for sentencing under Article 334(1) of the Criminal Procedure Act and the fact that no compensation has been made for damage, etc. shall be considered to be an unfavorable circumstance. This case, except for the day before the same case (as the day before this court was approximately 10898, 2017 High Court) of the defendant, the fact that the defendant has no other criminal records, etc. is considered to be favorable to the defendant.

The punishment as ordered shall be determined in consideration of the circumstances prescribed in Article 51 of the Criminal Act.

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