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(영문) 대구지방법원 경주지원 2015.07.22 2015고단485
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. No summary of facts charged shall be infringed by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of secondary works, of author's property rights or other property rights protected pursuant to the Copyright Act;

Nevertheless, from October 25, 2014 to November 25, 2014, the Defendant operated a singing room in the name of “C” in the racing city B, and performed and transmitted performance and public transmission in a way of enabling many unspecified customers to sing “F”, without obtaining permission from the Korea Music Copyright Association, a music copyright manager, and without obtaining permission from the Music Copyright Association.

2. We examine the judgment. This is a crime falling under Article 136(1)1 of the Copyright Act, which is a crime subject to victim's complaint under Article 140 of the same Act. According to the records of this case, it is obvious that the complainant revoked the complaint against the defendant on May 29, 2015, which is after the prosecution of this case. Thus, the indictment of this case is dismissed in accordance with Article 327(5) of the Criminal Procedure Act. It is so decided as per Disposition.

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