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(영문) 청주지방법원 2013.11.22 2013고단1296

저작권법위반

Text

The prosecution of this case is dismissed.

Reasons

1. Around April 26, 2013, the summary of the facts charged is that the Defendant connects the Internet file sharing site B apartment No. 108, 1502, an Internet file sharing site to Adidi, which was admitted in the Defendant’s name, to set up points used in a water box box by the complainant D (37 years of age and South) to set up “E” literary works, the copyright of which is owned by the complainant, [E] [E] as the title “E], the Defendant started to run in a water box, and came to have his/her work carried out in a water box, by emphasizing the function of simultaneous business e.g., E., E., E., and came to have his/her e.brox.co.co.m. at the Internet site.

As such, the Defendant violated the complainant’s property right by posting and transmitting copyrighted works to the public without the complainant’s consent.

2. The facts charged of this case fall under Article 136(1)1 of the Copyright Act and can be prosecuted only when a victim files a complaint pursuant to Article 140 of the Copyright Act. According to the statement on withdrawal of a complaint filed in the records, the complainant can recognize the fact that the complainant cancels the complaint against the defendant on September 3, 2013, which is after the prosecution of this case. Thus, the indictment of this case is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.