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(영문) 제주지방법원 2019.05.27 2019고단450
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. From January 9, 2018, the Defendant operates the main points in Jeju City C and underground floors with the trade name “D”.

On March 21, 2018, at the main point of “D”, the Defendant infringed on the author’s property right by having the author play his/her musical work, “D”, which is a musical work managed in trust by the complainant E (the president F), and “H,” which is a musical work managed by the complainant, without the consent of the copyright owner.

2. Determination

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

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

C. Revocation of complaint: On October 10, 2018, the victim's complainants agent submitted a letter of withdrawal of complaint after the indictment of this case.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 5 of the Criminal Procedure Act;

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