What is the content of the criminal judgment for infringement of computer software copyright
Baoan District People's Court of XX City, XX Province
Criminal Judgment
(20XX)XX No. 73
PubLic prosecution agency XX City XX District People's Procuratorate.
Defendant Li, male, 8 years old in 19XX Born on May 16th, Han nationality, ID number xxx, college education, registered place of residence xxx. He was detained by the Baoan Branch of the XX City Public Security Bureau on August 13, 20XX on suspicion of copyright infringement, criminally detained on August 14, 20XX, and arrested on September 19, 20XX. He is currently being held in the Baoan District Detention Center of XX City.
The People's Procuratorate of Bao'an District, XX City, accused the Defendant Li of committing copyright infringement in Shenbao Prosecutor's Criminal Indictment No. 1 [20XX] No. 617, and filed a public prosecution with this court on March 11, 20XX. This court formed a collegial panel in accordance with the law and applied ordinary procedures, and held public hearings on this case on April 21, 20XX and August 3, 20XX. The public prosecution agency appointed prosecutor Yang to appear in court to support the prosecution, and the defendant Li and his defender attended the court. Litigation. This case has now been concluded.
Public Prosecution Agency Allegation: The defendant Li registered and established XX City xx Technology Co., Ltd., rented a factory in an industrial zone in Bao'an District to produce cameras, and installed the company's "adaptive backlight" on the cameras produced by a XX City Technology Co., Ltd. without authorization "Compensation and Image Enhancement Algorithm Software" On August 13, 20XX, the public security organs seized more than 5,000 cameras at xx Technology Co., Ltd., including 477 HD-500T cameras with infringing software installed. They also seized computers, burners and other tools and arrested Li A certain slope.
This The court held that the defendant Li copied and distributed computer software without the permission of the copyright owner for profit-making purposes, and if there were other particularly serious circumstances, his behavior constituted the crime of copyright infringement. The prosecution found the charges and this court supported it.
In accordance with the 200th Criminal Law of the People's Republic of China Regarding the provisions of Article 17, Article 52, Article 53, Article 64 and Article 67, paragraph 3, the judgment is as follows:
1. The defendant Li committed copyright infringementFor the crime, he was sentenced to three years and six months in prison and a fine of RMB 250,000 (the sentence shall be calculated from the date of execution of the judgment. If the sentence is detained before the execution of the judgment, one day of detention shall be equivalent to one day of the sentence, that is, starting from 20XX From August 13 to February 12, 20XX. The fine is limited to a one-time payment to this court within one month after the judgment takes effect).
2. The seized infringing products and crime tools were be confiscated.
If you are dissatisfied with this judgment, you can file a lawsuit after receiving the judgment Within ten days from the second day of the appeal, file an appeal through this court or directly to the XX City Intermediate People's Court. If you appeal in writing, you must submit one original and two copies of the appeal.
Presiding Judge XX
Acting Judge XX
People's Juror XX
August 25, 20XX
Secretary XX
ScribeXX
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