(영문) 서울중앙지방법원 2017.01.11 2016고단5151

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.01.11 2016고단5151

저작권법위반

Text

The prosecution of this case is dismissed.

Reasons

1. On July 21, 2011, the Defendant agreed to receive “D” photograph files taken by the victim C, and use them only once, and not to use them for any other purpose.

Nevertheless, around May 2012, the Defendant entered and printed out the instant “D” photographic file into the “D” photographic file, i.e., the Defendant sold F in KRW 1 million as if he/she had taken the photograph.

Accordingly, the defendant infringed on the author's personality right and author's property right to the victim's above photographs for profit.

2. According to the evidence duly adopted and examined by this court, the Defendant could recognize the Defendant’s donation of the aforementioned “D” photograph to F on the ground of the compensation for damage, etc. in the course of resolving disputes arising between F and F around May 2012. However, solely on the above circumstance, it is difficult to deem that the Defendant’s act of infringement of copyright was for profit-making purposes, and there is no other evidence to acknowledge it.

3. As to the facts charged in this case for which the public prosecution is dismissed, a public prosecution may be instituted only when the victim files a complaint under the main sentence of Article 140 of the Copyright Act.

The main text of Article 230(1) of the Criminal Procedure Act provides that “No complaint shall be filed after the lapse of six months from the date on which the person becomes aware of the offender in relation to an offense subject to victim’s complaint shall be filed.” This refers to a person who becomes aware of the criminal facts and criminal facts to the extent that the person who has the right to file a complaint can file a complaint in light of his/her ordinary position, and the fact that the person who has the right to file a complaint is aware of the criminal facts refers to a conclusive perception of the facts that the person who has the right to file a complaint has suffered from a crime subject to victim’s complaint (see, e.g., Supreme Court Decision 2010Do4680, Jul. 15, 2010). According to evidence duly adopted and investigated by the court, the victim C is the

참조조문

-저작권법 제140조

참조판례

-대법원 2010. 7. 15. 선고 2010도4680 판결

유사 판례

-수원지방법원 2016.08.24 2016노2396

-부산지방법원 동부지원 2016.08.25 2015고단2438

-전주지방법원 남원지원 2018.02.20 2017고단233

-서울중앙지방법원 2018.01.11 2017노3727

-수원지방법원 안산지원 2017.10.19 2017고단1757