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(영문) 인천지방법원 2016.01.29 2015고정2260
저작권법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On September 12, 2014, at around 01:32, the Defendant infringed on the copyright by having access to “B” C, “C, the residence of which is access to “Aro Incheon Metropolitan City D and 103, and which is a video work with the copyright of the victim F representative Director G, Inc., a victim’s copyright, to the said website bulletin board.

2. On October 6, 2014, the Defendant, by accessing the same Internet I website at the same place as that of paragraph (1), thereby infringing on the copyright, “H”, which is a video work with the copyright of F representative director G, the victim F representative director G, by advertising the work to the bulletin board of the said website.

3. On September 4, 2014, at the same place as paragraph (1) around September 4, 2014, the Defendant connected the Internet J site to “L”, which is a video work of the victim K’s copyright, and infringed the copyright by placing it on the bulletin board of the said website.

4. On September 4, 2014, at the same place as paragraph (1) around September 4, 2014, the Defendant: (a) connected a video work with the victim K’s copyright by accessing the same ID to the Internet M site; and (b) infringed the copyright by downloading it to the business on the bulletin board of the said website.

5. On September 4, 2014, at the same place as paragraph (1) around September 4, 2014, the Defendant: (a) connected to the Internet Nsite, thereby infringing on the copyright of the text “P”, which is a literary work of the victim’sO, by downloading it to the business on the bulletin board of the said website.

Summary of Evidence

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

1. Application of each statute on filing of a complaint;

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

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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