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(영문) 수원지방법원 2020.08.21 2020고단869
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who works as an instructor at the “C Driving Institute” located in the “Yaman-gu Seoul Metropolitan Government B” in the facts charged of the instant case.

No person shall infringe upon author's property rights or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or production of derivative works.

On October 2018, the Defendant infringed the victim’s author’s property right by reproducing eight copies of each “E”, which is the compilation work of the victim D, at the above private teaching institute, and distributing them to the students.

2. Determination

(a) Applicable provisions of Acts: Article 136 (1) 1 of the Copyright Act, Article 40 of the Criminal Act;

(b) Offenses subject to prosecution: The main sentence of Article 140 of the Copyright Act.

C. Revocation of complaint: Withdrawal of complaint against the defendant on May 18, 2020 after the prosecution of this case was initiated by the victim.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 5 of the Criminal Procedure Act;

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