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(영문) 서울서부지방법원 2015.09.09 2015고정885
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. No person charged shall infringe upon author's property rights or other property rights protected under the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of derivative works;

On November 02, 2014, the Defendant, at the Defendant’s home located in Mapo-gu Seoul, infringed on the victim’s copyright by transmitting and distributing them to the public so that the victim’s copyrighted work “F,” which is a work of victim E (39 years old) by accessing ID to “C” and “D,” a work of victim E (39 years old) by accessing it to the file reading (htp:/www.ftiledo.com) at the Internet file sharing site (htp) at the Defendant’s home located in Mapo-gu Seoul, Mapo-gu.

2. The facts charged of this case are crimes falling under Article 136 (1) 1 of the Copyright Act and can be prosecuted only when a victim's complaint is filed pursuant to Article 140 of the same Act. According to the records, the complainant's withdrawal of the complaint against the defendant after the indictment of this case is recognized. Thus, the prosecution is dismissed pursuant to Article 327 (5) of the Criminal Procedure Act.

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