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(영문) 창원지방법원 2017.08.31 2017고정540
저작권법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 2016, the Defendant, at the Defendant’s home located on the window B of Changwon-si, sent off the Internet web site “C”, which is an information and communications network, through a computer, to the “C” and without obtaining the consent of the victim D (written E) who is the copyright holder, the Defendant infringed the victim’s copyright by allowing an unspecified number of people to receive it.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Complaint;

1. Application of Acts and subordinate statutes on illegal screen pictures;

1. Article 136 (1) 1 of the Copyright Act applicable to the relevant criminal facts and Article 136 (1) 1 of the Act on the Selection of Punishment;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence (Reasons for Sentencing), the amount of damage caused by the instant crime, the Defendant’s agreement with the victim, and Article 140 subparag. 1 of the Copyright Act provides that where the Defendant committed an act falling under Article 136(1)1 for profit or habitually for profit purposes, the act does not constitute a crime subject to victim’s complaint. According to the evidence of this case, it is recognized that the Defendant was for profit-making purposes, such as exchanging points obtained by posting the instant copyrighted work in cash, and thus, the revocation of a copyright holder’s complaint does not affect the

The punishment as ordered shall be determined in consideration of various circumstances, such as the text.

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