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(영문) 인천지방법원 2019.11.21 2019고단7636
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the victim B, who holds the exclusive publication right in Korea under a contract with D, copyright company, and the defendant A is the member of the Internet file sharing website E.

On March 12, 2019, around 11:22, the Defendant accessed “H” on the above website from “G” bank located near the Michuhol-gu Incheon Metropolitan City F, and then, the Defendant infringed the victim’s exclusive publication right by entering the posting number I and the posting title C as “C (self-cognition)” without prior consent or consent from the victim, and distributing C film files as business so that many unspecified members who joined the above website can download the film files.

2. The judgment is the case that falls under Article 136 (1) 1 of the Copyright Act and can be prosecuted only upon a victim's complaint under the main sentence of Article 140 of the same Act. According to the records of this case, the victim can recognize the fact of revoking the defendant's complaint on October 17, 2019. Thus, the prosecution of this case is dismissed in accordance with Article 327 (5) of the Criminal Procedure Act.

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