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(영문) 울산지방법원 2014.04.04 2013고단3993
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the defendant who runs a danran business under the trade name of "C" in Ulsan-gu B.

From February 2, 2013 to November 201 of the same year, the Defendant, without obtaining approval for the use of musical copyright holders, performed a summary of D’s musical works E’s musical works to unspecified customers, thereby infringing on author’s property rights.

The reason for dismissing the prosecution is a crime falling under Article 136 (1) 1 of the Copyright Act, and unless there is any evidence to deem that the defendant committed the above crime for profit or habitually, the case can be prosecuted only upon the victim's complaint pursuant to Article 140 (1) of the same Act. According to the letter of withdrawal of the complaint which has been forwarded, the victim can recognize the fact that the defendant revoked the complaint against the defendant on December 12, 2013, which is after the indictment of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 (5) of the Criminal Procedure Act.

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