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(영문) 수원지방법원 2013.10.24 2013노2185
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant is not an employee of the defendant, and the defendant is not a person who has worked in the skin management shop located next to the D-sing practice room operated by the defendant (hereinafter "singing practice room of this case"), and the above E does not have any responsibility for the defendant's admission to the singing practice room of this

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. Comprehensively taking account of the following circumstances revealed by evidence duly admitted and examined by the lower court, the Defendant, as the proprietor of the instant singing practice room, may fully recognize the fact that the instant singing practice room business was engaged in a business in violation of an order for suspension of business.

① The instant singing practice room and the secondary management shop where E worked are connected to each other, sharing the location of a power source. The emergency exit of the instant singing practice room was used as the entrance of the secondary management shop. It seems that E was well aware that the instant singing practice of the instant singing practice room or the instant singing practice room at the time of the instant case was under the suspension of business.

② When there is no defendant while serving in the controlled shop, E actually attempted to guide customers while managing the singing practice room of this case.

(E) At an investigative agency, E stated that he had a customer who tried to work for good time and had a drinking water. In light of the content of the statement, E appears to have been aware of the Defendant’s attendance time, singing and singing room, and drinking water storage place). ③ Prior to the instant case, E had sold the beer to the customer in the instant singing practice room, and accordingly, the Defendant controlled and paid the fine.

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