음악산업진흥에관한법률위반
The accused shall announce the summary of the judgment of innocence.
1. The Defendant is a person who operates a singing practice hall with the trade name of C.
No singing practice room business operator shall sell or provide alcoholic beverages.
Nevertheless, at around 21:00 on June 24, 2014, the Defendant sold and provided 20,000 won of cans to two outside customers D and other than the instant case.
Accordingly, the Defendant violated the code of practice of singing practice providers.
2. In light of the following circumstances acknowledged by the record of judgment, the evidence alone submitted by the prosecutor is insufficient to acknowledge that the Defendant sold or supplied alcoholic beverages in the instant singing practice room on June 24, 2014, and there is no other evidence to acknowledge otherwise.
A. The singing practice place of this case was a customer.
D At the time of the instant case, the Defendant stated to the effect that he had sold beer to the police officers dispatched at the time, who had been engaged in drinking in the instant singing practice room five times, and called F to work as the secretary of the E Secretariat.
In addition, the police officer, who was dispatched to the above singing practice room at the time, was engaged in liquid stay in the above singing practice room and requested the National Scientific Investigation Institute to verify whether alcohol was detected. The National Scientific Investigation Institute sent a reply that approximately 4.6% alcohol was detected in the above liquid stay.
B. In that sense, (1) at the time police officers called the above singing practice room 5 times, five alcohol cans were abandoned into the said singing practice room. However, it is difficult to easily understand in light of the empirical rule that the police officers had to keep the cans without alcohol in the garbage box in preparation for the crackdown, and there is no ground to presume that the Defendant immediately before the police officers called the above singing practice room put the waste cans with no alcohol cans into the above singing practice room 5 times. (2) In addition, the above singing practice room is air conditioners in the above singing practice room.