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(영문) 대전지방법원 2014.09.24 2014고단2222
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The facts charged of this case shall not infringe upon the rights of authors’ property rights and other property rights protected under this Act by means of reproduction, performance, public reception, exhibition, distribution, or second-time copyrighted works.

On February 13, 2014, the Defendant posted the “D” file in the title of “E” (Notice Number F) by accessing the Internet information sharing website (www. Shellen.co.kr) by accessing the Internet information sharing website to “B” in a remote computer where the location is unknown.

The Defendant posted and distributed copyrighted works without permission from the complainant without permission, thereby infringing on the complainant’s property rights.

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 complaint: The letter of withdrawal of complaint filed on June 25, 2014;

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

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