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(영문) 서울남부지방법원 2018.11.14 2018고단5162
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On January 23, 2018, the summary of the facts charged in the instant case: (a) the Defendant joined the web Hadrid Sc site in the Defendant’s residence in Gangseo-gu Seoul Metropolitan Government, as “D”; (b) and (c) upcoming Party E with the right of reproduction, transmission, and distribution as a creative video product with copyright to the complainant E, thereby infringing on the complainant’s right to author’s property by downloading the “F” without consent from the complainant.

2. The facts charged in the instant case are crimes falling under Article 136(1)1 of the Copyright Act, and may be prosecuted only when a complaint is filed pursuant to the main sentence of Article 140 of the Copyright Act.

Accordingly, according to the records, E, which was after the prosecution of this case, prepared a “written withdrawal of complaint” with the purport of withdrawal of complaint with the Defendant on October 24, 2018, which was after the prosecution of this case, and submitted it to this court on October 25, 2018, and recognized the fact of revocation of complaint.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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