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(영문) 청주지방법원 2016.03.03 2016고단1
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On June 2015, the Defendant infringed the victim’s author’s property right by accessing the file log (htp:/www. /W.com/L./C) of the Internet file sharing site with the Internet computer installed at the Defendant’s house located in Yeongdong-gu, Young-gu, Hoju-si (B 102), and by using Addi’C, “the victim’s prison media” in which the victim’s copyright and domestic sales right are held.

2. The judgment of the court below is a crime falling under Article 136 (1) 1 of the Copyright Act and can be prosecuted only when the victim files a complaint under Article 140 of the same Act. According to the letter of agreement and the head of revocation of the complaint filed in the records, the victim can recognize the fact that the complaint against the defendant was revoked on December 4, 2015, which is the date of the prosecution of this case. Thus, the above facts charged constitute revocation of the complaint with respect to a case for which a public prosecution may be instituted only upon the complaint of this case, and thus, the prosecution of this case is dismissed pursuant to Article 327 (5) of the Criminal Procedure Act.

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