logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.06.18 2014고단490
저작권법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 8, 2010, the Defendant was sentenced to a suspended sentence of ten years for a violation of the Copyright Act by the Seoul Central District Court.

No person shall infringe author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, public service, public transmission, display, distribution, etc.

Nevertheless, around May 13, 2013, the Defendant’s home located in Yongsan-gu Seoul Metropolitan Government (SBS) and without obtaining permission from the holder of author’s property rights, “D” and “SBS digital files,” a video file, which was downloaded in C without obtaining permission from the owner of property rights.

E172. 1305.12 Reproduction and store a work “13,05.12” and distribute it so that many unspecified users can download the file, etc., and the files stored in the CD from around September 5, 2013 to around September 5, 2013, Defendant’s business files are total of 24,912, and one of the crime sight lists was attached to the document and attached to the original decision.

As described in the above, a total of 24,912 copyrighted works are made available to unspecified users for downloading them, and other people received points having property value whenever they receive such files.

Accordingly, the defendant habitually infringed the author's property right by reproduction and public transmission for profit.

Summary of Evidence

1. Defendant's legal statement;

1. CAD integrated information, the details of accumulated capitals, and the CDs on the business of non-affiliated content;

1. Previous convictions: Application of criminal records and investigation reports (limited to previous convictions and attachment of judgment) and Acts and subordinate statutes;

1. Under the grounds for sentencing under Article 136(1)1 of the Copyright Act regarding criminal facts, the following circumstances, the age, character and conduct and environment of the defendant, all the sentencing conditions shown in the arguments of this case, including the defendant's age, character and conduct, and environment, and the sentencing guidelines set forth in the sentencing guidelines shall be determined by comprehensively taking account of the recommended sentences set forth in

Defendant.

arrow