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(영문) 울산지방법원 2013.10.25 2013고단3034
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who joins the Internet website-sharing website-sharing website (www: www.co.co. kr) as a member and uses the “B”.

No author's property right shall be infringed by means of reproduction, public performance, public transmission, exhibition, distribution, lending, or the production of a derivative work.

Nevertheless, on April 2013, the Defendant displayed a notice on the bulletin board of the said site so that the Defendant could obtain the victim D’s literary work without obtaining the victim’s license from the Defendant’s home of Ulsan-si, Jung-gu, 102, Ulsan-si, Seoul-si, and display and distribute the “E,” which is the victim D’s literary work.

Accordingly, the defendant infringed the victim's property right.

2. The judgment is a crime falling under Article 136(1)1 of the Copyright Act, and unless there is any evidence to deem that the defendant committed the above crime for profit or habitually for profit, the case can be prosecuted only when the victim files an accusation pursuant to Article 140 subparag. 1 of the same Act. According to the letter of withdrawal of the complaint which has been prosecuted, the victim can recognize the fact that the defendant withdraws the complaint against the defendant around August 28, 2013, which is the date of the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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