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(영문) 춘천지방법원 2015.05.14 2015고단208
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that “No one shall infringe upon the author’s property right by means of reproduction, performance, public transmission, exhibition, distribution, lease, or the production of derivative works. On October 15:16, 2014, the Defendant infringed C’s property right by linking C’s literary work “D”, which is protected by C’s work, to “htp:/www.Stile.com/B”, an Internet file sharing program (htp./www./www.com/) and allowing an unspecified number of people to download the copyrighted work without C’s consent.”

However, this case is an offense falling under Article 136 (1) 1 of the Copyright Act and can be prosecuted only upon a complaint under the main sentence of Article 140 of the same Act. According to the statement in the statement on the withdrawal of the statement of the preparation of a law firm guide, C may have cancelled the complaint against the defendant on April 20, 2015, which is after the prosecution of this case. Thus, the prosecution is dismissed pursuant to Article 327 (5) of the Criminal Procedure Act.

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