logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.04.14 2014고단529
저작권법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 28, 2007, the Defendant operated a manufacturer of parts of a ship, etc. with the trade name “C” in Yangnam-si. From around August 28, 2007, the Defendant used a total of six personal computers at the above “C company” office as a business, and used them for the business from January 15, 2014, up to January 15, 201, the Defendant arbitrarily reproduced the victim’s “Autdo CAD 201” (valueing to KRW 4.1 million), “The victims’ personal program work” (valueing to KRW 268,000), “The victims’ personal program work” (valueing to KRW 268,00,00) and “the victims’ personal program work” (valueing to KRW 150,000,000) to arbitrarily reproduce the victim’s personal program work, each of which infringed on the victim’s personal copyright from the total of 150,000,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of an appellant;

1. A confirmation mark as a result of the SW inspection;

1. Application of Acts and subordinate statutes on the status of use by PC;

1. The choice of imprisonment or imprisonment under Article 136 (1) 1 of the Copyright Act and Article 136 of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., the reasons for sentencing) of the Act on the Suspension of Execution (see, e.g., the reasons for sentencing) / [decision on the recommended field] infringement on author’s property right (decision on the recommended field] basic area / [Scope of recommendation] from August 1 to June / [general person] mitigation element: serious reflect [whether suspended sentence is suspended] positive general reference element / social relation clear, serious reflective relation, or there is no criminal record of suspended sentence

arrow