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(영문) 수원지방법원 성남지원 2018.04.25 2018고정214
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged shall not infringe upon any author's property right or other property rights protected pursuant to this Act by means of reproduction, performance, public transmission, public transmission, exhibition, distribution, lease, or preparation of a derivative work;

Nevertheless, on December 19, 2013, the Defendant produced a trademark “D” by reproducing, without permission, the image of the swine character in the victim corporation at the residence located in Gwangju-si, Gwangju-si, the Defendant maintained the registration of the said trademark from November 14, 2017, which was investigated by the police around July 3, 2017, with the fact that the trademark right of the victim was infringed upon, and posted the said trademark on the signboard at the cafeteria restaurant located in the Seoul Gwangjin-gu Seoul Special Metropolitan City F, thereby infringing on the victim’s copyright.

2. Determination and conclusion

(a) Applicable law: Article 136(1)1 of the Copyright Act;

(b) Offenses subject to prosecution upon complaint: Article 140 of the Copyright Act;

C. On April 10, 2018, after the prosecution of this case, the complaint of this case was submitted to this court “the revocation of complaint” stating the purport that “the complainant will revoke the entire contents of the complaint.”

(d) Judgment dismissing public prosecution: Article 327 subparagraph 5 of the Criminal Procedure Act;

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