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(영문) 의정부지방법원 2019.06.27 2019고단709
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged shall not be infringed by means of reproduction, performance, public transmission, display, distribution, lending, or preparation of a derivative work of author's property right;

Nevertheless, on September 2018, the Defendant, at the Government-si building B and the Defendant’s residence, without obtaining permission for the use of the victim D, who is the copyright holder of the literary work, used the Defendant’s computer, connected the Defendant’s literary work to F, which is the Internet web site, and opened the Defendant’s work without permission so that many and unspecified people can download it, and infringed the Defendant’s copyright by putting the victim’s literary work up five times in total as shown in the list of crimes in the attached list of crimes.

2. The facts charged in this case are crimes falling under Article 136(1)1 of the Copyright Act, and can be prosecuted only when a victim files a complaint pursuant to the main sentence of Article 140 of the same Act. According to the records, the victim’s withdrawal of the complaint against the defendant on December 7, 2018, which is after the prosecution of this case, is recognized. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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