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(영문) 서울북부지방법원 2019.07.18 2019고정670
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On October 13, 2018, the Defendant: around 09:17, at the Defendant’s home located in Dobong-gu Seoul, Dobong-gu and C, connected the file sharing site “D” by means of a computer to AD’s access to the Defendant’s name; and the victim FF corporation distributed the file of “G”, a film work holding the right to transmit wired and wireless broadcasts, by means of downloading the file of “G” and infringing on the author’s property right.

2. The facts charged in the instant case are crimes falling under Article 136(1)1 of the Copyright Act, and may be prosecuted only upon the complaint of the victim under the main sentence of Article 140 of the same Act.

However, since the victim withdrawn the complaint against the defendant on July 3, 2019, which was after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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