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(영문) 대전지방법원 2013.12.06 2013고정2195
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. Around June 2013, the Defendant infringed the victim’s author’s property right by accessing the Internet file sharing site (htp.//www. w.edisk.co.k.) to a DNA-coned disc at one’s own house, Seo-gu, Seo-gu, Daejeon, Daejeon, 107dong 1505, and allowing many and unspecified persons to download the victim’s work, which is the victim D’s work.

2. The above facts charged constitute a crime falling under Article 136(1)1 of the Copyright Act, which can be prosecuted only upon a victim’s complaint pursuant to the main sentence of Article 140 of the same Act. According to the records, the victim’s withdrawal of the complaint against the Defendant on November 29, 2013, which was after the prosecution of this case was instituted, can be recognized. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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