음악산업진흥에관한법률위반
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (misunderstanding of facts) F and H’s statement in the lower court, even though G et al. knew of the fact that the Defendant was a juvenile on May 26, 2017, it can be recognized that the Defendant entered a singing practice room other than the hours for admitting him/her.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case on the basis of the testimony of G with no credibility, was erroneous in the misapprehension of facts.
2. Determination
A. The summary of the facts charged is that the Defendant is a person who operates a singing practice room business with her husband E with his her husband in the Dongdaemun-gu Seoul Metropolitan City.
A sing practice room business operator shall not admit juveniles except for the hours from 9 a.m. to 10 p.m.
Nevertheless, on May 26, 2017, the Defendant entered a juvenile F ( South, 15 years old) and one other, who was found to be a customer in the instant singing practice room at around 23:00 on May 26, 2017, and violated the rules of business operators.
B. The lower court determined as follows based on the evidence duly admitted and examined: (a) the Defendant notified the Defendant that he had access to G, etc. for about ten minutes and demanded him to leave the facility; (b) the Defendant appears not to have known that he had access to D, etc. at the time when he had access to D, and (c) the Defendant was not aware that he had access to D, etc. at the time when he had access to D, and (b) the juveniles who had been in the 10th place at the time of the control were F and H. The juveniles who had been in the 10th place of D, who had been in the 10th place of D, all of which were produced by G, etc. by the Defendant, and were not received by the Defendant as his customer; and (c) one of the instant persons, who had access to D, reported that he had access to the police station.
I saw that it was in fact
On May 26, 2017, when the time when the enforcement officer arrived at the D Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Sing Singing Singing Singing Singing