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(영문) 대구지방법원 경주지원 2015.06.25 2015고단390
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person with no certain occupation.

On January 20, 2015, around 17:05, the Defendant had access to the Internet using a siren sharing program, which is a p2p method, using a computer installed at 605 Dong 605, from January 20, 2015.

Since then, the Defendant received the “E” from the victim D who was displayed and shared by another person in his name, and infringed the victim’s author’s property right by allowing the victim D to exhibit and share it on the same website.

2. The facts charged in this case are crimes falling under Article 136(1)1 of the Copyright Act, which can be prosecuted only when a victim files a complaint pursuant to the main sentence of Article 140 of the Copyright Act.

According to the records, the victim, who is the copyright holder of this case, can recognize the fact of revoking the complaint against the defendant after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 5

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