In a case where Defendant, the representative of publishing company, without concluding a separate publication contract, etc. with the victim who is the copyright holder of a book and produced an electronic book and sold it through an Internet store, etc., and was prosecuted for violation of the former Copyright Act, the case affirming the judgment below dismissing the prosecution on the ground that the victim’s expression of intent to urge the investigation on the Internet homepage of the National Police Agency is difficult to be deemed a legitimate complaint under the Criminal Procedure Act.

Article 136(1) of the former Copyright Act (Amended by Act No. 10807, Jun. 30, 201); Article 140 of the former Copyright Act (Amended by Act No. 9625, Apr. 22, 2009); Articles 223, 230(1), 237, and 327 subparag. 2 of the Criminal Procedure Act

Defendant

Prosecutor

Law Firm Il Digital Digital, Attorney Shin Jong-chul

Seoul Western District Court Decision 2010No5 decided July 8, 2010

The appeal is dismissed.

The grounds of appeal are examined.

In determining whether a criminal complaint constitutes a criminal complaint under the Criminal Procedure Act in cases where the victim expresses his/her intent to urge the investigation of the defendant in the form of receiving a civil complaint on the Internet homepage of the National Police Agency, the criminal complaint is a declaration of intent to report the crime and demand the prosecution and punishment of the offender, instead of simply urging the investigation agency to report, investigate and investigate the facts of damage. In particular, the complaint in a crime subject to victim's complaint requires certainty in the procedure because it is important in relation to the fulfillment of the requirements for the complaint, the lapse of the period of filing the complaint, the scope of the effect of the complaint, etc., and Article 237(1) of the Criminal Procedure

In this regard, the court below's decision is just because the victim's receipt of the civil petition of this case through the Internet homepage of the National Police Agency is not a legitimate complaint under the Criminal Procedure Act, and thus, it is invalid to dismiss the prosecution of this case as to the facts charged of this case in violation of the provisions of the Act, and there is no error of law such as misunderstanding of legal principles as to complaints

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Young-chul (Presiding Justice)