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(영문) 광주지방법원 2018.09.11 2018고단3102
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant, at the store in the Dong-gu, Gwangju-gu, Gwangju-gu, C, and D office located in 105 on May 2018, posted copyrighted works of applied art (do not known) copyrighted works of G copyright to the representative F Co., Ltd., the victim E, without permission of the injured party; and (b) as if the said copyrighted works were applied art produced by the Defendant, the Defendant posted them on the Internet shopping mall under the title “s8/s8 fl.s./ No. 5/h. 7 cases” operated by the Defendant, thereby infringing the victim’s author’s property right.

2. Determination

(a) An offense subject to victim's complaint: Article 140 of the Copyright Act and Article 136 (1) 1 of the same Act;

B. Declaration of withdrawal of complaint: Submission of a statement of withdrawal of complaint to the effect that the victim will revoke the complaint to the defendant on July 23, 2018, which was after the prosecution of this case.

(c) Judgment dismissing a public prosecution: Article 327 subparag. 5 of the Criminal Procedure Act;

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