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(영문) 대전지방법원 홍성지원 2013.03.04 2013고정27
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, around September 19, 2012, posted the “C”, which is a victim’s literary work, in an online web site (http/www.fils.co.m.r) in an unlawful way without the consent of the copyright holder, thereby infringing on the copyright of the victim by allowing a large number of unspecified persons to report and reproduce it without permission.

2. The act of this case by the defendant is a crime falling under Article 136(1) of the Copyright Act, which can be prosecuted only when the victim's complaint is filed under Article 140 of the Copyright Act. According to the agreement, the defendant can be found to have cancelled the complaint of this case by withdrawing the defendant's intent to punish the defendant around February 19, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed under Article 327(5) of the Criminal Procedure Act.

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