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(영문) 수원지방법원 2015.11.12 2015고단4314
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who operates clothes in the facts charged.

The Defendant, around May 19, 2015, inasmuch as it is apparent that, within 113-303, in his own computer, the “tourto” as indicated in the written indictment of a siren is a clerical error of the “tour”, the Defendant’s ex officio correction is made.

Using the program, the victim C’s “D’s work” was downloaded and then the victim’s copyright was infringed by setting up a sharing platform so that it can be downloaded to the needy persons.

2. The judgment is based on the case that falls under Article 136(1)1 of the Copyright Act and can be prosecuted only when the victim files a complaint pursuant to Article 140 of the same Act. The victim revoked the complaint against the defendant on September 1, 2015, which was after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed in accordance with Article 327(5) of the Criminal Procedure Act.

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