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(영문) 서울서부지방법원 2016.09.23 2016고정952
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. Around May 17, 2013, the Defendant, at the Defendant’s residence located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around May 17, 2013, connected to pop-up pop-up “C”, an Internet file sharing site, and distributed the victim’s copyright so that it can be downloaded to an unspecified number of people by downloading the victim’s literary work.

2. The facts charged in the instant case are crimes falling under Article 136(1)1 of the Copyright Act, which can be prosecuted only when a complaint is filed pursuant to the main sentence of Article 140 of the same Act. Since the victim revoked the complaint on September 9, 2016 after the institution of the instant indictment, the instant indictment is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.

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