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(영문) 인천지방법원 2021.03.18 2020고정2190
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged shall not be infringed by means of reproduction, public performance, public transmission, exhibition, distribution, lending, or preparation of derivative works, of property rights or other property rights protected under the Copyright Act;

Nevertheless, the Defendant installed and used “E” program, which is owned by D’s copyright holder, without permission, from July 29, 2017 to May 11, 2019, in the Seo-gu Incheon, Seo-gu building and C’s residence, and from July 29, 2017.

Accordingly, the defendant infringed on the author's property right of copyright holder.

2. Determination

(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) Revocation of complaint after prosecution;

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

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