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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles, a CD, which led a business owner of a singing practice room to sell alcoholic beverages, led a business owner of a singing practice room to take a secret list of the sales process and report it to the related agency, and led the Defendant, who is the business owner of a singing practice room, to take a singing practice room, and contains the contents of the process taken in a secret list, as well as the evidence collected as a result of the naval investigation, is not unlawfully collected, and thus, it cannot be admitted as evidence of guilt.
B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and investigated by the lower court regarding the assertion of misapprehension of the legal doctrine, G is clear that it is not an investigative agency, and the act of recording the Defendant’s speech and behavior recorded in a singing practice room operated by the Defendant by G, who is a private person, by entering the singing practice room operated by the Defendant, in order to provide the Defendant with a singing room, does not constitute a wiretapping prohibited by the Act on the Protection of Communications Secrecy, and there is no other reason to deem that the CD as illegally collected evidence is inadmissible.
B. In light of the fact that there is no change of circumstances after the judgment of the court below regarding the unfair argument of sentencing, and compared the sentencing conditions as shown in the records and arguments of this case with the reasons for sentencing, the court below’s punishment is too unreasonable even considering the circumstances asserted by the defendant on the grounds of appeal.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.