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(영문) 수원지방법원안산지원 2020.10.14 2020고정466
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who operates an entertainment tavern with the trade name “C” from B and 5 stories at the time of entertainment in the facts charged.

No person shall infringe upon author's property rights or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or production of derivative works.

Nevertheless, around July 17, 2019, the Defendant infringed on the author’s property rights managed by the victim by performing “G” of the musical work, which is a musical work managed by the D Association, which is a victim’s association without authority, using singing machines, etc. to many unspecified customers.

2. The above facts charged are crimes falling under Article 136 (1) 1 of the Copyright Act, and can be prosecuted only when a complaint is filed pursuant to the main sentence of Article 140 of the Copyright Act. Since a letter of revocation of a complaint containing an intent to revoke a complaint of D Association, an incorporated association, was submitted to this court on September 23, 2020, the indictment of this case is dismissed in accordance with Article 327 (5) of the Criminal Procedure Act.

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