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(영문) 서울동부지방법원 2013.11.14 2013고단2297
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case was a person who runs the main business of “C” on the second floor in Gwangjin-gu, Seoul, and without obtaining the approval of the musical copyright holder’s use from January 2 to March 2013, the Defendant established one computer sound cycle to unspecified customers and infringed the author’s property right by performing the outline of “F”, etc. of D writers and E music.

2. As to the above facts charged, a public prosecution can be instituted only when a complaint is filed pursuant to Article 140 of the Copyright Act, which is a crime falling under Article 136 (1) 1 of the same Act. According to the records, since the victim can acknowledge the facts that he/she submitted a written withdrawal of a complaint to the effect that he/she would not be punished after the prosecution of this case is filed, the case which shall be prosecuted only when a complaint is withdrawn, and the public prosecution is dismissed pursuant to Article 327 (5)

It is so decided as per Disposition for the above reasons.

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