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(영문) 광주지방법원 2016.09.23 2016고정1221
저작권법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No infringement shall be made on author's property rights or property rights protected pursuant to the Copyright Act by means of reproduction, performance, transmission, exhibition, distribution and lending to the public.

Nevertheless, the Defendant posted the “small E” on the Internet file sharing website (htp:/www. /www.codisk.co.co.) using computers on January 12, 2015 in Gwangju Mine-gu B, 104 Dong-dong 801, thereby infringing on the complainant’s author’s author’s author’s author’s property right by distributing the “small E” in which C and D ( South, 42 years old) have copyright.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Each statement;

1. Application of each of the Acts and subordinate statutes to the materials recorded in the register, on the face of a fluor who is deemed to have downloaded his/her novel posted on the confirmation letter of establishment of exclusive publication right, copyright registration certificate, and hard disc;

1. Article 136 (1) of the Copyright Act and Article 136 of the same Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is minor and the defendant did not acquire any benefit.

Although the defendant has been sentenced to a fine, he does not have the same criminal record.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per the order.

It is so decided as per Disposition for the above reasons.

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