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(영문) 대전지방법원 2015.03.05 2015고단31
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is a person who has joined and used the Internet Sharing Site as a member “C” in the Bltp:/www.vegaisk.com/).

No person shall infringe any third person's property right by means of public performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work without legitimate authority.

Nevertheless, on August 4, 2013, the Defendant, at his own house, opened a cartoon, “E”, which is a literary work of the complainant, at his own house, to make it possible for the Defendant to open the cartoon to the public without the complainant’s permission.

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

2. The facts charged of this case are crimes falling under Article 136 (1) 1 of the Copyright Act, which can be prosecuted only upon a victim's complaint under Article 140 of the same Act. Since the victim's complaint against the defendant was revoked after the indictment of this case, the prosecution of this case is dismissed in accordance with Article 327 (5) of the Criminal Procedure Act.

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