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(영문) 서울중앙지방법원 2020.05.14 2020고정743

저작권법위반

Text

The prosecution of this case is dismissed.

Reasons

1. No person having an author’s property right or other property rights protected under the Copyright Act shall infringe upon by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of secondary works;

Nevertheless, around June 14, 2019, the Defendant, at CPC located in Gwanak-gu in Seoul Special Metropolitan City, access to “D” as an Internet web site, and limited to “E” and “E” and “E” and “H” without permission, as well as from that time, access to “D” as an Internet web site in Seoul Special Metropolitan City-gu.

9. Until September 9, 200, “H” was put up without permission by the same method five times as indicated in the attached list of crimes, thereby infringing on the above corporation’s property rights protected under the Copyright Act.

2. The instant case is an offense falling under Article 136(1)1 of the Copyright Act, which can be prosecuted only upon the complaint of the victim under the main sentence of Article 140 of the same Act.

According to the records, it is evident that the victim revoked the complaint against the defendant on April 29, 2020, which was after the prosecution of this case was instituted.

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.