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(영문) 수원지방법원 여주지원 2016.11.02 2016고정160
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who operates an entertainment restaurant in the name of “D” on the two-dimensional-gun C and the first floor of Gyeonggi-do.

On February 13, 2015, the Defendant infringed the author’s author’s property right by installing reflect machinery and musical instruments without obtaining approval for the use of musical copyright holders and performing the musical work, which is a musical work managed by the Korean Music Copyright Association, an appellant, the Korea Music Copyright Association.

2. The facts charged in this case are crimes falling under Article 136 (1) 1 of the Copyright Act, which can be prosecuted only upon a complaint under the main sentence of Article 140 of the same Act. According to the records, it can be acknowledged that the complainant revoked the complaint against the defendant on October 17, 2016, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 (5) of the Criminal Procedure Act.

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