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(영문) 인천지방법원 2020.04.23 2019노4422
음악산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not sell alcoholic beverages to customers at the time of the instant case.

B. The lower court’s sentence (5 million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. The lower court determined that the Defendant was fully aware of the fact that the witness first visited the singing practice room on the day of the instant case, in full view of the fact that there was no reason to make a false statement from the investigative agency to the time of sale of alcoholic beverages, and the settlement amount, etc., comprehensively taking account of the fact that the Defendant sold alcoholic beverages as indicated in the facts charged.

The following circumstances are acknowledged by the evidence duly adopted and examined by the lower court. The Defendant stated to the effect that: (a) the amount of KRW 77,000 paid at the time of the instant case from the investigative agency to the trial; (b) the amount of KRW 60,00 for the karaoke machine usage fee of KRW 20,000 and drinking water; (c) however, the settlement time of the said amount is around January 5, 2019; and (d) the time when the police received the 112 report and received the 112 report and arrived at the karaoke machine of this case is around January 23, 200; and (e) the time when the said 77,000 won was moved to the Eastern District and written statement was made; (e) the Defendant did not have any reason to view that the Defendant’s use time of the karaoke machine was difficult to view that there was no other reason to view that the Defendant’s use time of the said case was an issue.

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