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(영문) 광주지방법원 목포지원 2017.02.14 2016고정544
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The facts charged in the instant case shall not be infringed by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of derivative works, of property rights and other proprietary rights protected under the Copyright Act.

Nevertheless, on June 2016, the Defendant violated the victim's author's property right by using the victim's copyrighted work without permission the body program, which is the victim's copyrighted work, in the design type (C) prepared at the request of the National Institute of Marine Cultural Properties (C) at the office of the Defendant located in Sinpo-si, Nam-si, 2016.

2. The crime of this case is a crime falling under Article 136 (1) 1 of the Copyright Act, which can be prosecuted only when the victim files a complaint pursuant to the main sentence of Article 140 of the same Act. According to the records of this case, the victim can acknowledge the fact that he/she agreed to revoke the complaint with the defendant after the prosecution of this case. Thus, the prosecution is dismissed pursuant to Article 327 (5) of the Criminal Procedure Act.

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