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(영문) 대구지방법원 안동지원 2014.04.29 2013고단767

저작권법위반

Text

The prosecution of this case is dismissed.

Reasons

1. No musical work protected with an author's property right in the summary of facts charged shall infringe on the property right by using it without permission of the author's property right holder who has drawn it or the entrusted manager who has entrusted the management thereof;

Nevertheless, on September 23, 2013, the Defendant infringed the Defendant’s “H”’s celebling in the Defendant’s operation “C Kinginginging machine”, “D” writers, and “E” to entrust the management of the author’s property right to F Association (the president G) located in Ansan-si B, Andong-si, Seoul, without permission of the complainant, by means of reproducing and performing through a audio device without permission of the complainant.

2. The above facts charged can be prosecuted only upon the victim’s accusation. Since the F Association, the complainant, revoked the Defendant’s complaint on November 21, 2013, after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.