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(영문) 창원지방법원 통영지원 2017.11.21 2017고정332

저작권법위반

Text

The prosecution of this case is dismissed.

Reasons

1. It shall not be infringed upon by means of reproduction, public performance, public transmission, exhibition, distribution, lending, or the method of preparing derivative works, property rights or property rights protected pursuant to the Copyright Act of the outlines of facts charged or property rights protected pursuant to the same Act;

Nevertheless, the Defendant, on March 9, 2014 (based on the date and time of increase without filing a complaint) sent an Internet file file file (htp:/www.fil joint and several liability) at the PC room located in Seoul, to access the Internet file file (htp:/www.fil joint and several liability) and distributed the novel “C” in which the complainant (50) had this copyright to the bulletin board, thereby infringing the complainant’s author’s author’s property right, by allowing the complainant to do so for unspecified members on the same website.

2. Determination

(a) Applicable Act: Article 136 (1) 1 of the Copyright Act;

(b) Offenses subject to prosecution: Article 140 of the Copyright Act.

C. The victim shall revoke the complaint after the institution of public prosecution.

Judgment dismissing Public Prosecution: Article 327 subparag. 5 of the Criminal Procedure Act