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(영문) 대구지방법원 2015.09.08 2015고단3865
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

No person charged shall infringe author's property right or other property rights protected pursuant to this Act by means of the preparation of a derivative work, such as reproduction, performance, public transmission, display, distribution, lease, etc.

On June 1, 2015, at the defendant's house located in Daegu Northern-gu B apartment 105, 202, the defendant copied and displayed the pictures of "038c4501", "05", "034c302", "02", "032a5729", and "032a5729", and "C", which have an author's property right in a passage image in a stock company, to sell them to unspecified persons.

Accordingly, the author infringed on the author's property right of the passage image of the corporation.

Judgment

The facts charged of this case are crimes falling under Article 136 (1) 1 of the Copyright Act and can be prosecuted only when the victim's complaint is filed under Article 140 of the same Act. According to the records, the complainant's revocation of the complaint against the defendant after the indictment of this case is filed. Thus, the indictment is dismissed pursuant to Article 327 (5) of the Criminal Procedure Act.

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