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(영문) 서울중앙지방법원 2016.12.08 2016고정3585
저작권법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a university student who uses the ID "B" from NAV.

No person shall infringe upon another person’s author’s property right by means of reproduction, performance, public transmission, display and distribution, etc. without legitimate authority.

Nevertheless, on March 18, 2016, the Defendant posted the novel of ‘D', ‘E, F', and ‘G' without permission, in the form of a file attached to the Nurier Blug (C) operated by the Defendant.

Accordingly, the complainant's author's property right was infringed on by allowing many and unspecified persons who have access to the defendant's four-dimensionals (C) to freely download the above novels.

Summary of Evidence

1. Defendant's legal statement;

1. Materials concerning filing of a complaint and documentary evidence;

1.Application of the Acts and subordinate statutes to replys

1. Article 136 (1) 1 of the Copyright Act applicable to facts constituting an offense and Article 136 (1) of the Selection of Punishment;

1. Penalty fine of 300,000 won to be suspended;

1. 100,000 won per day under Articles 70 and 69(2)1 of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., the motive and background of the instant case, the Defendant’s depth reflects his fault, and the Defendant’s age is the primary offender who has no criminal power and has no criminal record)

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