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(영문) 수원지방법원 2018.08.16 2018노2361

음악산업진흥에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On the day of the instant case, the Defendant, on the same day, frequently misunderstanding the fact, was in charge of the instant singing practice hall to the young male, and was in the coffee shop, and the said male was merely bringing to F the customers with no alcohol beverage, and there was no fact that he sold beer and provided a entertainment loan to F.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 5 million) is too unreasonable.

2. Determination:

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the Defendant’s assertion by the Defendant is without merit, as stated in the lower judgment, as it sufficiently recognizes the fact that the Defendant arranged for a entertainment loan and sold alcoholic beverages to customers.

1) At the time of the instant case, F, who ordered drinking at the instant singing practice place operated by the Defendant, ordered male employees to provide entertainment and drinking in the instant singing practice place from the investigative agency to the court below, and paid 130,000 won in cash.

Comparedly made statements.

2) According to the video images taken by F in the instant singing practice place, the male employee provided a studio guidance on F’s daily conduct, and F requested a entertainment loan after ordering alcohol and alcohol, the said employee provided a clear presentation of the price of the entertainment loan and alcoholic beverage and provided a detailed guidance to the type of euthanism, and the F provided a 130,000 won in cash and received the order alcoholic beverage and confirmed the form of singing together with the service loan.

3) If a male employee in the above video screen is considered to have a string on behalf of the defendant, it is not possible for the defendant to accurately present and sell alcoholic beverages that the defendant does not sell and the string price, and it is also inconsistent with the common sense that it is not possible for the defendant to temporarily display and arrange a contact loan.

B. The defendant's judgment on the unfair argument of sentencing.