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Reasons
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(영문) 대전지방법원 홍성지원 2016.08.30 2016고단122
저작권법위반
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 2007, the Defendant: (a) at the place of business of “D” located in Sincheon-si, Sincheon-si; (b) without obtaining the victim E’s permission; (c) had H produce sculptures a sculpture similar to “F” and “G”, which is an art work created by the victim; and (d) around that time, H installed on the part of the Guro-gu Seoul Metropolitan Government I Apartment apartment fire hydrants; and (c) displayed it from around that time to February 28, 2016.

2. Around December 31, 2008, the Defendant had H produce sculptures similar to those created by the victim E at the above place of business “D,” and had H install H around that time in the front of the K Jeongmun-gu, Goyang-si, Goyang-si, Goyang-si, and displayed it from around that time to February 28, 2016.

3. On February 28, 2009, the Defendant: (a) had H produce “F” and “F” and “G” among the sculptures design created by the victim E at the above business establishment “D”; (b) had H build an apartment complex in Kimpo-si around that time; and (c) exhibited it from around that time to February 28, 2016.

4. On July 26, 2011, the Defendant: (a) had H arbitrarily produce, and sold to N, one sculpture of “M” and one sculpture of “M” within the “J symbol sculptures” design created by the victim E at the above place of business.

5. On January 2012, the Defendant posted “D” (hereinafter “D”) a copy of “A” and a photo of “P” (hereinafter “P”) of “A” and “B”, which is a creative production of the victim E, at the place of the Defendant’s personal block “O” operated by the Defendant.

Accordingly, the defendant infringed the victim's property right by displaying or transmitting it to the public.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the prosecution with regard to H;

1. Statement made by the police for E;

1. Investigation report (to have a witness’s telephone conversations);

1. J symbol sculptures, the cathos of the complainant posted by the defendant, K sculptures photographs, and I apartment houses.

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