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(영문) 대구지방법원 상주지원 2019.07.09 2019고정14
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who leads to and produces the humanities, musical, cultural, etc. in C, which is located in the facts charged.

Around July 2017, the Defendant: (a) requested the victim D to “The victim D to perform cultural performances by establishing the World Seo Plaosa Commercial E, which is in line with the F atmosphere; (b) Domination E is in line with the F atmosphere; and (c) the complainant drafted a script of G (hereinafter referred to as “works”).

However, on March 23, 2018, the Defendant, without the permission of the victim who is the copyright holder, performed a public performance in the form of “G” as a copyrighted work at H on a ten-time basis on April 22, 2018, and infringed on the copyright.

2. The facts charged in the instant case are crimes falling under Article 136(1)1 of the Copyright Act, and can be prosecuted only upon a victim’s complaint pursuant to Article 140 of the same Act. According to the records, the victim’s withdrawal of the complaint against the Defendant on July 9, 2019, which was after the instant indictment was filed. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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