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(영문) 광주지방법원 2016.11.30 2016노1673
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) on May 21, 2015, the Defendant only sold alcoholic beer to four customers E, etc. in a singing practice room; and (b) provided alcoholic beverages, such as beer and beer.

2. In full view of the following circumstances found by the evidence duly adopted and examined by the lower court, the lower court’s determination is justifiable, and there is no error of misconception of facts as alleged by the Defendant, since the Defendant could sufficiently recognize the fact that the Defendant provided four persons, including E, with alcoholic beverages, such as bottled, in a singing practice room on May 21, 2015.

Therefore, the defendant's above assertion is without merit.

① On June 2, 2015, F made a statement at an investigative agency to the effect that “The extent of KRW 7-80,000 was calculated in cash.” (Evidence No. 50 pages) and the lower court stated to the effect that “I do not have the alcoholic beer in the future.” While drinking alcohol in the Defendant’s singing room, F may not know of whether I would directly dice in the text of alcohol.”

(58 pages, 63 pages) In light of the fact that F and the Defendant drive dump trucks both, and only the part of the statement that they dump trucks were dump trucks after the prosecution against the Defendant was reversed, it is difficult to exclude the possibility that they made a statement to the effect that they were favorable to the Defendant by the Defendant’s request or by private relationship with the Defendant.

Therefore, it is difficult to believe the F's statement in the original trial as it is.

② On May 21, 2015, E submitted to an investigative agency a written statement that corresponds to the F’s statement to the effect that “I had been engaged in 10 alcohols of beer and beer with 10 alcohols,” and “I had been engaged in calculation.”

(증거기록 7쪽). 이후 E은 2015. 5. 29. 수사기관에서 ‘노래방에서 술을 마셨는지 기억이 나지 않는다’는 취지로 진술하고(증거기록 18쪽), 원심에서'뭘...

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