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(영문) 대구지방법원 김천지원 2015.02.11 2014고단1375

저작권법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who operates a “Cking practice room” in Kimcheon-si, Kimcheon-si.

From July 1, 2012 to February 20, 2013, the Defendant infringed on the victim’s property right by entering a number of musical works, other than D writers, i.e., musical works owned by the Victim’s Korea Music Copyright Association, into a musical work with an author’s property right, and displaying and performing the same in a way of singing to many unspecified customers.

2. The facts charged of this case are crimes falling under Article 136 (1) 1 of the Copyright Act, which can be prosecuted only upon a victim's complaint under Article 140 of the same Act. Since the victim's complaint against the defendant was revoked after the indictment of this case, the prosecution of this case is dismissed in accordance with Article 327 (5) of the Criminal Procedure Act.