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(영문) 수원지방법원 안양지원 2017.10.20 2017고정385
저작권법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On May 9, 2016, the Defendant: (a) connected the “C” room located in Sinpo City B with “K disc”, the Internet site; and (b) infringed the victim’s author’s property right by sharing the victims’ copyrighted materials at the Internet site ten times in total, including the infringement of the victim’s author’s property right by allowing many and unspecified members to download the file by downloading it to the public bulletin board; and (c) thereby infringing on the victim’s author’s author’s author’s property right from July 15, 2016.

Summary of Evidence

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

1. Each complaint;

1. Answers to seizure warrants and replys to respective communications data;

1. Application of Acts and subordinate statutes on screen pictures for infringement of each work;

1. Relevant Article 136 (1) 1 of the Copyright Act concerning facts constituting an offense and Article 136 (1) 1 of the same Act concerning the selection of punishment (excluding punishment);

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

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;

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