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(영문) 광주지방법원 2017.04.21 2016고정1896
저작권법위반
Text

Defendant shall be punished by a fine not exceeding one million won.

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

Reasons

Punishment of the crime

No person shall infringe upon any author's property right or other property rights protected pursuant to the Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

On March 29, 2016, the Defendant: (a) connected the Internet file sharing digital disc (htp:/onisk.co.; (b) infringed the victim’s author’s property right by illegally downloading the victim’s novel “D”, which has a property right created by C, from March 29, 2016 to August 29, 2016, by illegally downloading the victim’s property right.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes concerning data upon each Internet closure of the statements E, F, G, H, and I;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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