I was sued for copyright violation — can I avoid punishment?

Hello. This is the copyright specialist attorney from Daeryun Law Firm.

First, since torrents have a structure that simultaneously downloads and uploads (distributes) files to others, even if you claim simple 'personal viewing,' it may be considered to include 'unauthorized distribution' and become subject to punishment.

Copyright Act violations are in principle subject to imprisonment of up to 5 years or a fine of up to 50 million won.

However, the actual level of punishment varies depending on intent, repetition, download and distribution volume, scale of damage, and whether you are a first offender.

Generally, in cases of first offense and simple downloading without commercial purpose, in many cases the case is concluded with prosecution suspension or a fine sentence through measures such as having the complaint withdrawn through settlement, submitting a letter of apology and submitting a plea letter pleading for leniency, and showing an actively remorseful attitude during the investigation.

Copyright infringement cases are crimes that cannot be punished against the victim's wishes, and prosecution is difficult if there is no intent of the victim to punish.

Therefore, if necessary, we recommend trying amicable settlement together with legal response through a copyright specialist attorney.

Also, it is important to organize statement contents and defense logic with the assistance of an attorney so that unfavorable statements or facts are not expanded or interpreted during the investigation process.

If you have been sued for copyright violation, we recommend receiving the help of a copyright specialist attorney to amicably conclude the case and obtain legal advice on preventing future copyright infringement.

Daeryun Law Firm provides comprehensive legal support for copyright complaint cases, including settlement representation, accompaniment to police investigations, and guidance on writing letters of apology, so please contact us anytime if you need consultation.