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(영문) 광주지방법원 2014.11.05 2014고정1815
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. No person prosecuted shall infringe upon author's property rights or other property rights protected under the Copyright Act by means of reproduction, performance, public transmission, display, distribution, lending, or preparation of secondary works;

Nevertheless, around May 20, 2014, the Defendant sent a novel file to a computer connected to the Internet in Seo-gu, Gwangju (www.fileleleuri.com) and sent it to Adid', and then received a file of the victim D's novel "broster" which is a copyrighted work, and infringed the victim's author's property right by publicly transmitting a novel file to an unspecified number of unspecified persons so that the file can be downloaded.

2. Applicable provisions to facts charged in the market: An offense subject to prosecution subject to prosecution under Article 136 (1) 1 of the Copyright Act: A judgment dismissing a victim's complaint on October 6, 2014, which is after the prosecution is instituted under Article 140 of the Copyright Act (Article 327 subparagraph 5 of the Criminal Procedure Act);

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