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(영문) 대전지방법원 논산지원 2016.10.18 2016고정98
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, lease, or preparation of derivative works, of author's property rights or other property rights protected pursuant to the Copyright Act;

Nevertheless, around February 15, 2016, the defendant, at the defendant's house located in B at the time of Y, connected to the Internet web site display file (www.appe.co.kr) to the "C", and infringed on the copyright holder's property right by publicly transmitting and distributing the "E", which is the victim D's work.

2. Determination:

(a) Applicable provisions of Acts: Article 136 (1) 1 of the Copyright Act;

(b) Offenses subject to prosecution: The main sentence of Article 140 of the Copyright Act.

C. Revocation of Complaints: On October 12, 2016, the victim D, after the indictment of this case, submitted a written withdrawal of Complaints.

Judgment dismissing public prosecution: Article 327 subparagraph 5 of the Criminal Procedure Act

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