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(영문) 대구지방법원 경주지원 2015.07.22 2015고단487
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. No summary of facts charged shall be infringed by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of secondary works, of author's property rights or other property rights protected pursuant to the Copyright Act;

A. Nevertheless, around 09:26 on July 15, 2014, the Defendant, at the Defendant’s house located in Si-si, Si-si, Si-si, 014, connected AD “D”, and the NAE “E” to the following Kapets on the bulletin board, and displayed and distributed the letters “G” produced by the Defendant without the permission of F, the copyright holder, by placing them on the said bulletin board so that many and unspecified persons can download.

B. Nevertheless, around August 6, 2014, the Defendant displayed and distributed, at the Defendant’s home, letters “H” produced by the Defendant without the permission of F, a copyright holder, in the same manner as the Defendant’s house, in a way of displaying and distributing in C’s series bulletin boards so that it can be downloaded to an unspecified number of people.

C. Nevertheless, around September 17, 2014, the Defendant displayed and distributed the letters “I” and “G” in a series of bulletin boards in order to ensure that the Defendant, at the Defendant’s office, did not obtain permission from F, a copyright holder in the same manner as the Defendant’s copyright holder, and that the letters “I” and “G” can be downloaded to an unspecified majority.

2. We examine the judgment. This is a crime falling under Article 136(1)1 of the Copyright Act, which is a crime subject to victim's complaint under Article 140 of the same Act. According to the records of this case, it is obvious that the complainant revoked the complaint against the defendant on June 16, 2015, which is after the prosecution of this case. Thus, the indictment of this case is dismissed in accordance with Article 327(5) of the Criminal Procedure Act. It is so decided as per Disposition.

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