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The People's Procuratorate of Qiaokou District of Wuhan, Hubei Province v. Wu Wangsheng (A case about copyright infringement)
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伍望生侵犯著作权案
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【法宝引证码】
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- Type of Dispute：
Criminal
- Legal document：
Judgment
- Judgment date：
01-19-1995
- Procedural status：
Trial at First Instance
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The People’s Procuratorate of Qiaokou District of Wuhan, Hubei Province v. Wu Wangsheng (A case about copyright infringement)
(A case about copyright infringement)
伍望生侵犯著作权案
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The People's Procuratorate of Qiaokou District of Wuhan, Hubei Province v. Wu Wangsheng
(A case about copyright infringement) | | 伍望生侵犯著作权案 |
BASIC FACTS | |
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Defendant: Wu Wangsheng, male, 39, born in Wuhan, Hubei Province, jobless, and arrested on June 30, 1994. | |
被告人：伍望生，男，３９岁，湖北省武汉市人，无业。１９９４年６月３０日被逮捕。 |
On the charge of speculation, the defendant, Wu Wangsheng was prosecuted by the People's Procuratorate of Qiaokou District, Hubei Province before the People's Court of Qiaokou District. | |
湖北省武汉市桥口区人民检察院以被告人伍望生犯投机倒把罪，向桥口区人民法院提起公诉。 |
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桥口区人民检察院起诉书指控：１９９３年１２月７日，经武汉钢铁公司钢花书店业务员何明素介绍，被告人伍望生以武胜路文化市场金枫书屋和武汉市汉阳区神龙包装印刷厂的名义，与钢花书店签订了为其组织购买１６０００册《邓小平文选》第三卷普及本的协议。１９９３年１２月２５日至１９９４年１月中旬，伍望 |
In the information, the People's Procuratorate of Qiaokou District accused that: on December 7, 1993, introduced by He Mingsu, salesperson of Ganghua Bookstore of Wuhan Steel Corp., Wu Wangsheng entered, in the name of Jinfeng Bookstore of Wushenglu Cultural Market and Shenlong Packaging Printing Factory of Hanyang District of Wuhan, into an agreement with Ganghua Bookstore on organizing the supply of 16,000 copies of paperback Selected Works of Deng Xiaoping (vol.3) to Ganghua Bookstore. From December 25, 1993 to the mid January 1994, Wu Wangsheng found the Printing Factory of Chinese Communist Party School of Hubei Province, the Packaging Decoration Factory of Wuhan, the Shahuzui Binding Factory of Wuchang and the Binding Factory of Yijiadun Primary School respectively to typeset, print and bind for him the 16,000 copies of paperback Selected Works of Deng Xiaoping (vol.3). Later, Wu Wangsheng sold in four batches the 15,000 copies of paperback Selected Works of Deng Xiaoping (vol.3) to Ganghua Bookstore, and received payments of 59,000 yuan. | |
生分别找到湖北省委党校印刷厂、武汉市包装装潢厂、武昌沙湖嘴装订厂和易家墩小学装订厂为其排版、印刷、装订《邓小平文选》第三卷普及本１６０００册。之后，伍望生四次将印好的《邓小平文选》第三卷普及本１５０００册，卖给钢花书店，获款人民币５．９万元。 |
The defendant, Wu Wangsheng confessed to all the facts of speculation accused in the information. His defender argued that it was an inaccurate determination of nature for the procuratorial organ to hold that the acts of Wu Wangsheng contravened the provision of Article 118 of the Criminal Law of China and thus constituted the crime of speculation. The nature of the acts of Wu Wangsheng should be determined as a crime of copyright infringement pursuant to Article 1(a) of the Decision on the Punishment of Crimes of Copyright Infringement of the Standing Committee of the National People's Congress. Since the crime of Wu Wangsheng was less serious in circumstances and he came clean after being arrested, the defender of Wu Wangsheng requested the court to punish him in a lenient way.
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被告人伍望生对起诉书指控其犯投机倒把罪的事实均予供认。其辩护人认为：公诉机关认定伍望生的行为触犯了我国《刑法》第一百一十八条的规定，犯投机倒把罪属定性不准。对伍望生的行为，应按全国人大常委会《关于惩治侵犯著作权的犯罪的决定》第一条第一项的规定，定为侵犯著作权罪，且伍望生的犯罪情节较轻，归案后能主动坦白交待犯罪事实，请求对其从轻处罚。
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