beta
(영문) 울산지방법원 2013.12.19 2013고단3792

저작권법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant subscribed to the Internet-sharing Onnuri disc (http//on-boardisk.co.kr) and uses AD and ADD C.

No person shall infringe on author's property right by means of reproduction, public performance, public transmission, exhibition, distribution, lending, or production of a derivative work.

Nevertheless, on October 10, 2013, the Defendant displayed and distributed “F”, a copyrighted work, without obtaining authorization from the victim E, the copyright holder, at the place of residence located in Ulsan-gu, Ulsan-si, Ulsan-si, and without obtaining permission for use from the copyright holder, on the bulletin board of the designated disc.

2. The above facts charged are crimes falling under Article 136 (2) 4 of the Copyright Act and cannot be prosecuted against the victim's express intent pursuant to Article 140 (1) of the same Act. According to the agreement attached to the records, it can be acknowledged that the victim expressed his/her intent not to prosecute the defendant after the prosecution of this case was instituted. Thus, the prosecution against the defendant is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.