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(영문) 대전지방법원 홍성지원 2013.10.14 2013고단765
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant was a member of Idi B (E) on a file-sharing website. While no one infringes on author’s property rights or other property rights protected under the Copyright Act, any one did not infringe on his/her property rights or other rights protected under the Copyright Act. On April 2013, the Defendant posted a cartoon file of “E (E)” copyright to the complainant on his/her website (www.Nedisk.co.k.) to enable the complainant to share them through distribution and transmission by unspecified persons.

2. The act of this case by the defendant is a crime falling under Article 136(1) of the Copyright Act, which can be prosecuted only when the victim's complaint is filed under Article 140 of the Copyright Act. According to the letter of withdrawal of complaint, the victim can recognize the fact of revocation of the complaint of this case by withdrawing the defendant's intention of punishment on or around September 16, 2013 through the law firm F. Thus, the prosecution of this case is dismissed under Article 327(5) of the Criminal Procedure Act.

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