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(영문) 창원지방법원 2014.01.10 2013고정1433
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged shall not infringe on author's property right by means of public performance, etc.;

Nevertheless, from December 1, 2012 to June 30, 2013, the Defendant infringed on the author’s property right of the music copyright holder by allowing many unspecified customers who have found the said establishment to sing and singing, such as D author’s and e, a musical work, from the music copyright holder’s singing cycle, using the music copyright holder’s musical work, in the “Cnononononoo room” operated by the Defendant on the 7th floor of the Seongdong-gu, Seongdong-gu, Sung-si, Seoul, without the permission of the music copyright holder.

2. The facts charged in the instant case constitute Article 136(1) of the Copyright Act and may be prosecuted only when a complaint is filed pursuant to the main sentence of Article 140 of the same Act. According to the records entered in the letter of revocation of the complaint filed in the records, the complainant can be acknowledged as having withdrawn the complaint against the Defendant on January 9, 2014, which is the date of the instant indictment. Thus, the indictment in the instant case is dismissed pursuant to Article 327(5)

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