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(영문) 수원지방법원 2017.03.31 2016고정1009
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged shall not be used for business by a person who has acquired the reproduction of a program created by infringing on the copyright of the program;

A. On December 9, 2012, the Defendant: (a) at a laboratory located in C Media Center 414 on December 9, 2012; (b) knowingly known that the “Matlab R 2012a” program, which was acquired as an unexplicant, was installed in a computer where he was unexplicated graduate students; and (c) around September 12, 2013 and around November 18, 2013, the Defendant installed one unexplicant student in C Media Center 503; and (d) installed one program on a computer for business purposes.

B. During the process of the lecture of the first semester multimedia system in January 2014, the Defendant, using server computers installed in C Media Center 503 (DSP practice room) around March 2014, the Defendant opened the program “Matlab R2012a” program in which technical protection measures acquired as a consequence of an unforeseen circumstance to the server opened at the address of D, and around May 15, 2014, the Defendant connected the apartment F, which is the Defendant’s domicile in Seocho-gu Seoul Metropolitan Government, to “Matlab D2012a” program in order to download the above program (hereinafter referred to as “ multimedia system class bulletin board”) and then, posted a method to enable anyone to freely copy the said program if it is implemented, so that anyone can enter it without permission until December 2, 2014.

2. We examine the judgment. The case is a crime falling under Articles 136(2)4 and 124(1)3 of the Copyright Act, which can be prosecuted only upon the victim's complaint under the main sentence of Article 140 of the same Act. According to the statement in the written withdrawal of complaint filed in the records, the victim's complainant's agent can recognize the fact that the defendant revoked the complaint on February 22, 2017, which is after the prosecution of this case.

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