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(영문) 제주지방법원 2013.07.12 2013고단748

저작권법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant is a person running the “C” entertainment tavern in Jeju City B. From July 1, 2012 to February 25, 2013, the Defendant installed five singing-making instruments in five rooms within the said entertainment taverns, and infringed on the author’s property right by having the “cost and ties”, which is the musical work of D in the said singing-sing machine, perform publicly without the consent of the copyright owner. Accordingly, this is a crime falling under Article 136(1)1 of the Copyright Act, which is subject to a victim’s complaint under Article 140 of the same Act.

2. However, according to the records, the Korea Music Copyright Association, an incorporated association which manages the copyright of the above musical work, is recognized to have cancelled the complaint on May 16, 2013, which was after the institution of the instant prosecution. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.