(영문) 청주지방법원 2020.05.07 2019노1278 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2020.05.07 2019노1278

음악산업진흥에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant not guilty, without recognizing the fact that the Defendant arranged the act of entertainment as a singing practice room business operator, rejected the credibility of witness E’s testimony, did not recognize the admissibility of evidence under Article 314 of the Criminal Procedure Act on the confirmation document prepared by the reporter D, and did not confirm the Defendant’s wife G call details. The lower court’s judgment erred by misapprehending the facts, which affected the conclusion of the judgment.

B. In light of the fact that the defendant has the same power as the defendant, the risk of repeating the crime is high, and the crime is not reflected, etc., the sentence of the court below (one million won of a fine) is too unfeasible and unfair.

2. Determination on the grounds for appeal

A. As to the assertion of misunderstanding of facts as to the acquittal portion, there is no illegality of mistake of facts in accordance with each of the above arguments of the prosecutor in the following point.

1) The lower court rendered a not guilty verdict on this part of the facts charged without credibility, in light of the circumstances that can be recognized by comprehensively taking account of the evidence duly adopted and examined by the Defendant’s statement, including the details and time of settlement of singing and the Defendant’s telephone call details, etc. The lower court’s aforementioned judgment is consistent with the record and closely examined, and it is acceptable to accept the lower court’s judgment. 2) Even though the document stating the statement by a person other than the Defendant, such as the witness’s statement, was not proven by the statement made in the court court, to recognize admissibility of evidence under Article 314 of the Criminal Procedure Act, the person who made the statement constitutes a case where the person who made the statement is unable to appear and make a statement in the public trial due to his/her death, illness, unknown whereabouts in foreign country, and other similar

A person who is required to make a statement shall be present at the court in a foreign country.

참조조문

-형사소송법 제314조

유사 판례

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