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(영문) 서울중앙지방법원 2013.06.11 2013고단1011
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is as follows.

At around 12:00 on July 29, 2012, the Defendant, a university student, reproduced the video of the biological concept and training lecture, which is a cinematographic work with copyright, the victim MDH education corporation, and received 40,000 won and distributed it to C without a legitimate right, and infringed the copyright of the victim.

2. We examine the case, which is a crime falling under Article 136(1)1 of the Copyright Act and can be prosecuted only upon a victim’s complaint under Article 140 of the same Act. According to the letter of withdrawal of complaint received by this court on February 5, 2013, IMDP education for the complainant Co., Ltd. can be acknowledged as the fact that the Defendant’s complaint was revoked on February 5, 2013, which is the date of the indictment of this case.

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

It is so decided as per Disposition for the above reasons.

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