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(영문) 대구지방법원 포항지원 2019.09.25 2019고정129
저작권법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates an entertainment drinking house under the trade name of "C" in Nam-gu, Nam-gu.

No person shall infringe upon author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

Nevertheless, from July 1, 2018 to November 30, 2018, the Defendant infringed on the author’s property right of the said copyright holder by performing multiple musics, such as “Eisryer,” a musical work, and “G”, a musical work, at the same place, without the consent of D, a copyright holder.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Application of Acts and subordinate statutes of written complaint and written permission for Copyright Trust Management Act;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant would be deemed to have paid copyright fees to the victim after instituting a public prosecution; that the defendant has no record of punishment other than being sentenced once a fine is imposed for another type of crime; and that the defendant's age, character and conduct, motive of the crime, circumstances after committing the crime, etc. are determined as ordered by considering all the circumstances shown in the arguments of this case,

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