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(영문) 대구지방법원 2013.08.14 2013고정1594
저작권법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. Around January 3, 2013, the Defendant: (a) connected the Defendant’s home in Daegu Jung-gu BBL 201 to the Internet web page, “bookbookbook”; and (b) sent the Defendant’s film “D” to the said Web server by means of downloading the film “D” owned by the author’s property right; and (c) infringed the victim’s copyright by allowing the said web server users to receive the said film file.

2. The infringement of author’s property right is one of the legal interests infringed upon each work even if the copyright holder is the same, so the infringement of each work constitutes, in principle, separate crimes.

However, if the infringement of a single and continuous criminal’s following work has been committed repeatedly for a certain period, one crime may be deemed to have been established by universal title.

(See Supreme Court Decision 201Do12131 Decided May 10, 2012). According to the Defendant’s legal statement and investigation report, and the records of the case search results bound on the trial records, the Defendant issued a summary order on March 25, 2013 by the Daegu District Court to commit a violation of the Copyright Act, and the said summary order became final and conclusive as it is upon the Defendant’s withdrawal of a request for formal trial. The facts constituting the crime of the said summary order finalized by the Defendant’s withdrawal of the Defendant’s request for formal trial are as follows: (a) around January 16, 2013, 200: (b) around 16:52, the Defendant violated the Defendant’s intellectual property right by using the said video as a web disc (htp:/www.co.k.k.)’s Internet site, a domestic holder of author’s property right, without the consent of the Victim E-F, which is the victim’s holder of author’s property right.

According to the above facts of recognition, the facts constituting the crime of the above summary order and the facts charged in this case committed before its issuance are the same as the copyrighted work.

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