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(영문) 인천지방법원 부천지원 2020.01.13 2019고정861
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who operates an Internet press agency with “B”.

On June 19, 2019, the Defendant posted on the free bulletin board within one’s Internet media company B operated by the Defendant, under the title “H”, an article written by the victim under the title “G” in F without obtaining permission from the victim E, a copyright holder, within the territory of Bupyeong-si C building and D.

Accordingly, the defendant infringed the victim's work.

2. Determination is an offense falling under Article 136(1)1 of the Copyright Act, which can be prosecuted only upon a complaint under Article 140 of the same Act.

However, according to the statement of withdrawal of a complaint filed in the trial records of this case, E, the complainant, after the prosecution of this case, can recognize the fact of revoking the complaint against the defendant on January 8, 2020.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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