beta
(영문) 수원지방법원 2017.07.19 2017고정458

음악산업진흥에관한법률위반

Text

Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, the above fine shall be paid on 100.

Reasons

Punishment of the crime

Defendant

A is a singing practice provider who operates “Esing” on the floor D and C of Suwon-si, and Defendant B is an employee of the above singing room from around October 29, 2016 upon the Defendant’s request to see the singing only a day from the Defendant around October 29, 2016 and up to the 30th day of the same month.

1. Defendant B sold, around October 30, 2016, 01:00, 4 cans, which are alcoholic beverages, to the customers F, at the instant singing room.

2. Defendant A sold alcoholic beverages to customers as described in paragraph (1) in relation to the Defendant’s business at the date, time, and place mentioned in paragraph (1).

In light of the records of this case, there is no obstacle to the defendant's exercise of his right to defense, and basic facts were appropriately revised and recognized within the same scope.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness F and G (the witness F visited with his family on the day of the instant case from the investigative agency to this court, and the father G, who was his father, was provided with cans from Defendant B with payment in advance, and received several cans separately.

Since then, although the defendant B demanded refund of cans not be observed, the above defendant made a statement that "the defendant refused to refund cans and filed a report due to a dispute because the price of cans is identical to that of cans and cans." The statement seems to be consistent, specific and different motives to make false statements are nonexistent, and credibility exists in light of this court's attitude to make false statements, etc.

The decision is judged.

Witness

G’s legal statement is also specific, consistent with the witness F’s statement, and credibility is recognized in light of the degree of testimony in this Court.

1. A report on internal investigation:

1. Application of statutes on site photographs;

1. The Defendants under the relevant law on criminal facts: The Music Industry Promotion Act.