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(영문) 수원지방법원 성남지원 2016.08.05 2016고정439
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. No person prosecuted shall infringe upon any author's property right or property right protected under the Copyright Act by means of reproduction, public performance, public transmission, exhibition, distribution, lending, or preparation of derivative works;

Nevertheless, on November 27, 2015, the Defendant, at the Defendant’s residence located in the Chungcheongbuk-ju, accessed the file using a computer to Adidd’D on the C website, which is a file sharing program, and opened the file of “F, a literary work owned by the victim E,” which is a copyrighted work, and continued to be shared by the files of the said “F” on the G website that is linked to the said C, thereby allowing an unspecified number of people to peruse or download the said “F” by allowing the said files to be shared.

2. The offense of violating the Copyright Act stated in the facts charged in the instant case constitutes an offense falling under Article 136(1)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.

However, according to the records of this case, E, the complainant, revoked the complaint against the defendant on August 3, 2016.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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