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Crime of Copyright Infringement by Liang Liyong (case of copyright infringement)
被告人梁立勇侵犯著作权案
【法宝引证码】

Crime of Copyright Infringement by Liang Liyong (case of copyright infringement)
(case of copyright infringement)
被告人梁立勇侵犯著作权案

Crime of Copyright Infringement by Liang Liyong

 

被告人梁立勇侵犯著作权案

The People's Court of Xixiangtang District, Nanning City, Guangxi Zhuang Autonomous Region, at trial found that: Defendant Liang Liyong established and operated Nanning Lingfeng Printing Factory in Beihu Village, Xixiangtang District, Nanning City. The said business was operated for profit, and, without the permission of copyright holders, reproduced 331,739 volumes of copyrighted books, which upon appraisal were valued at 848,173 yuan. 广西壮族自治区南宁市西乡塘区人民法院经审理查明:被告人梁立勇在南宁市西乡塘区北湖村出资成立并经营南宁市灵丰印刷厂。其以营利为目的,未经著作权人许可,复制他人享有著作权的图书331 739册,经鉴定,价值人民币848 173元。
JUDGMENT 
The People's Court of Xixiangtang District found defendant Liang Liyong guilty of the crime of copyright infringement and, according to law, sentenced him to a prison term of four years and six months, fined him 500,000 yuan, and confiscated the seized pirated books. After the judgment was announced, defendant Liang Liyong appealed. The Intermediate People's Court of Nanning City, Guangxi Zhuang Autonomous Region, reviewed the case and found that the original judgment was accurate in determining the nature of the crime, but that the pirated books printed by defendant Liang Liyong were not sold and thereby put into circulation, he had yet to receive any illegal proceeds, the harm to society was relatively small, and that a lighter punishment could be considered under the circumstances; thus, in accordance with law, the judgment against defendant Liang Liyong was amended to a prison term of three years and six months and a fine of 500,000 yuan.

 西乡塘区人民法院认定梁立勇构成侵犯著作权罪,依法判处有期徒刑四年六个月,并处罚金50万元;扣押的盗版书籍予以没收。宣判后,梁立勇不服,提起上诉。广西壮族自治区南宁市中级人民法院经审理认为,原判定性准确,但梁立勇所印刷的盗版书籍没有销售流入社会,尚未获得非法利益,社会危害相对较小,可酌情予以从轻处罚,依法改判梁立勇有期徒刑三年六个月,并处罚金50万元。
 

     
     
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