음악산업진흥에관한법률위반
The defendant's appeal is dismissed.
All the costs of the trial by the original instance and the trial by the party shall be borne by the defendant.
1. The summary of the grounds for appeal did not submit a statement of reasons for appeal even though the defendant received a notice of receipt of court records from this court. However, it is deemed that the petition of appeal submitted by the defense counsel of the defendant stated that "the defendant appealed on the grounds of mistake of facts and improper sentencing."
A. Although the Defendant’s mistake of fact did not sell alcoholic beverages to customers F, etc. around October 16, 2014 from “E singing practice place” operated by the Defendant, the lower court found the Defendant guilty of the instant facts charged, the lower court erred by misapprehending the legal doctrine.
B. The punishment sentenced by the lower court (2 million won) is too unreasonable.
2. Determination
A. The lower court stated to the effect that: (a) the following circumstances revealed by the evidence duly adopted and examined by the lower court on the assertion of facts; (b) from the investigative agency to the court of the lower court; (c) the F paid a total of KRW 250,000 won at the Esing practice place operated by the Defendant from October 16, 2014 to the court of the lower court; (d) the Esing practice place run together with the Defendant for several hours; and (e) the women were snick upon the Defendant’s request; (e) the additional time service; (e) the Defendant and the Defendant got snick and reported to 112; and (e) even before the said sing practice place, the statement was made specific and consistent; and (e) the F paid a total of KRW 250,000 to the above sing practice place at the time of the instant crime; (e) the Defendant merely deleted the CCTV’s call and the reason that the police officer was using the sing practice.
Comprehensively taking account of the fact that the defendant made a statement difficult to trust, etc., the defendant was at the time of the crime of this case.