The prosecution of this case is dismissed.

On August 2012, the Defendant infringed the victim’s author’s property right by accessing the Internet file sharing site (http:/totodisk.torosa.com) to one’s own DNA “B” and spreading “D”, a work of the victim C, to the said site so that many unspecified members can download.

Judgment

The facts charged of this case fall under Article 136(1) of the Copyright Act and 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, it can be acknowledged that the victim withdraws his/her wish to punish the defendant on November 30, 2012, which is after the institution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.