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The prosecution of this case is dismissed.
Reasons
1. The Defendant, who is running the Daegu Suwon-gu CPP room, was aware of the fact that the Defendant’s copyright was not infringed upon by reproducing the program copyright of another person without legitimate authority. However, from September 201 to August 27, 201, the Defendant, without legitimate authority, provided the said program to many unspecified persons for the purpose of profit-making without permission of the copyright holder, with the Defendant’s copyright infringement of the copyright holder’s property right.
2. The facts charged of this case fall under Articles 136(2)4 and 124(1)3 of the Copyright Act and thus cannot be prosecuted against the victim’s express intent pursuant to Article 140 subparag. 1 of the Copyright Act. According to the statement in the letter of withdrawal of complaint filed in the records, it can be acknowledged that D withdraws his/her wish to punish the defendant on May 21, 2013, which is the date of the prosecution of this case. Thus, the indictment of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.