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(영문) 청주지방법원 2015.02.12 2014고정232
저작권법위반
Text

Defendant shall be punished by a fine of KRW 80,000.

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

Reasons

Punishment of the crime

The Defendant, from January 1, 201 to March 3, 201, carried California L with C, and operated the “E” room located in Cheongju-si, a considerable amount of Cheongju-si. From November 14, 201 to September 14, 201, the Defendant, from November 1000, to September 14, 201, prepared the secondary copyrighted work of “F” of his work created by C on his Internet car page, and on the block website from September 24, 2012, and infringed C’s property right by means of preparing the secondary copyrighted work of “F” on the seven points of work created by C, such as written in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each police interrogation protocol against the accused;

1. Content certification;

1. The application of Acts and subordinate statutes to the extent that the works of the accused and the work of the complainants are comparative 2, the work of the complainants and the work of the complainants, the comparison 5, the work of the complainants and the work of the complainants, the comparison 6, the work of the complainants and the work of the complainants, the comparison 9, the work of the complainants and the work of the complainants, the comparison 10, the work of the complainants and the work of the complainants;

1. Relevant Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning the selection of criminal facts;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The Defendant and the defense counsel’s assertion regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order. Even if the Defendant’s work falls under the secondary copyrighted works of C, as stated in its reasoning, the Defendant merely used his/her work in a personal way and did not use it for profit-making purposes, this constitutes not only the “the reproduction for private use” under Article 30 of the Copyright Act but also the “fair use of copyrighted works” under Article 35-3 of the Copyright Act.

In light of the above evidence, the Defendant is guilty.

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