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(영문) 서울서부지방법원 2018.11.28 2018고정685
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who uses the “D” from the “C” on the Internet-sharing website operated by B.

No person shall reproduce, perform a public performance, transmit to the public, exhibit, distribute or lend any author's property right or other property rights protected under the Copyright Act.

Nevertheless, at the end of March 2018, the Defendant opened the “G”, a work of F, at one’s house in Mapo-gu Seoul, Mapo-gu and the second floor, to “C, a sharing site.”

Accordingly, the defendant infringed the complainant's property right by transmitting and distributing the work of the complainant to many and unspecified persons through the Internet.

2. Article 136 (1) 1 of the Copyright Act applicable to facts charged for judgment: A judgment dismissing a public prosecution that a written withdrawal of a complaint is submitted after an indictment is instituted pursuant to Article 140 of the Copyright Act: Article 327 subparagraph 6 of the Criminal Procedure Act.

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