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(영문) 울산지방법원 2014.04.25 2014고단336

저작권법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the Defendant subscribed as a member of the Internet-sharing Site File (htp:/www.fleleleuri.com) and uses ID “B” and “C”.

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

Nevertheless, at around 16:46 December 14, 2012, the Defendant infringed upon the author’s property rights of E, G, and I by arbitrarily downloading the compressed file in which “F”, “H” and “K” are kept in copyright, and the compressed file in which “E” and “K” are kept in copyright, which is the literary work owned by “E”, “F”, “E”, and “K,” which are copyrighted in the bulletin board of the said file book.

The reason for dismissing the prosecution is a crime falling under Article 136 (1) 1 of the Copyright Act, and unless there is any evidence to deem that the defendant committed the above crime for profit or habitually for profit, the case can be prosecuted only when the victim files an accusation pursuant to Article 140 (1) 1 of the same Act. According to the letter of withdrawal of the accusation which has been forwarded, the victims shall be the victims on February 5, 2014 and the same month after the institution of the indictment of this case.

6. The indictment of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act, since it can be recognized that the complaint against the defendant was entirely revoked.