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(영문) 의정부지방법원 2013.05.08 2011고정1374
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. No person charged shall infringe upon author's property rights or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work;

From December 4, 2010 to December 8, 2010, the Defendant infringed on the victim’s author’s property right by illegally stealing the CD KY illegally acquired, despite the fact that the Defendant is not a pro-free member, through an online website (www.bzdede n.kr) whose content contents consisting of the victim’s trade points item, multigramg, human body and background image, various documents, and forms, at an irregular place from December 4, 2010 to December 4, 2010.

2. The above facts charged are crimes falling under Article 136(1)1 of the Copyright Act, and cannot be prosecuted against the victim’s express intent under Article 140 subparag. 1 of the Copyright Act. According to the records, it can be acknowledged that a newly delegated attorney-at-law of Dong law firm, who was delegated with the right to cancel a complaint by the victim, has cancelled the complaint against the defendant around April 17, 2013, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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