저작권법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant was notified by the complainant on April 18, 2016 when he/she entered into a music copyright contract with the Appellant (g) Korea Music Promotion Association by installing two sound devices in the entertainment tavern in the 'C' in Busan Seo-gu B, and operated by entering into a music copyright contract with the Appellant (G).
Nevertheless, from April 19, 2016 to August 2016, the Defendant infringed upon the musical copyright that the complainant manages by being entrusted by the copyright holder, by allowing the complainants to create a large number of grains, such as D'E', using a sound device without a request or consent for restoration of contract.
2. The aforementioned facts charged with the dismissal of prosecution are crimes falling under Article 136 (1) 1 of the Copyright Act, which can be prosecuted only when the victim files a complaint pursuant to Article 140 of the same Act.
However, according to the records, it is recognized that the cancellation of complaint by the Korea Music Copyright Association, a victim, was submitted to this court on September 22, 2016, which was after the prosecution of this case.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act. It is so decided as per Disposition.