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(영문) 전주지방법원 2020.11.13 2019고단2278
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who operates an entertainment drinking house 'C' in Seongdong-gu, Jeonjin-gu.

No person shall infringe upon intellectual property rights or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, lease, or preparation of secondary works.

Nevertheless, around April 16, 2019, the Defendant, at the above place, had the customers find the above place without obtaining permission for the use of musical works from the D Association, and had them play musical works from G, other than G, and the D Association, which are copyrighted by the said Association, without permission, and infringed upon the said Association’s property right.

2. The facts charged in this case are crimes falling under Article 136 (1) 1 of the Copyright Act, which are subject to victim's complaint under Article 140 of the same Act. On December 17, 2019, after the victim's complainant's complaint was prosecuted, the victim's complaint revocation letter was submitted. Thus, the prosecution in this case is dismissed in accordance with Article 327 (5) of the Criminal Procedure Act.

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