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(영문) 광주지방법원 2013.07.24 2013고정1293
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged was that the Defendant runs an entertainment drinking house in the Seo-gu, Seo-gu, Gwangju.

In order to use music works, the author shall obtain permission from the author.

Nevertheless, the Defendant, without obtaining permission for use from the Korea Music Copyright Association, provided D's E's l's e's e's 'M' from January 2012 to December 201 of the same year to unspecified customers.

Accordingly, the defendant infringed the victim's property right.

2. The facts charged in this case are crimes falling under Article 136(1)1 of the Copyright Act, which can be prosecuted only when a victim files a complaint under the main sentence of Article 140 of the Copyright Act.

However, according to the statement in the letter of withdrawal of complaint, the Korea Music Copyright Association, an incorporated association, after the prosecution of this case, can recognize the fact that it cancelled the complaint on June 3, 2013, which was after the prosecution of this case.

Therefore, the facts charged in this case fall under the case where a public prosecution can be instituted only upon a complaint, and thus, the public prosecution is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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