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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. According to each evidence submitted by the prosecutor's office, the summary of the grounds for appeal (fact-finding) can be sufficiently recognized that the Defendant, as stated in the facts charged in the instant case, has four employees E provide the said singing practice room with eight cans cans and canss in the said singing practice room to four customers, such as F.
Nevertheless, the court below acquitted the charged facts of this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. In addition to the witness G and E’s legal statement duly adopted and examined by the lower court, the fact that the Defendant, at around April 5, 2012, around 16:20, as indicated in the instant facts charged, had the Defendant, an employee E, provide eight cans and cans, which were kept in the instant singing practice room, to four persons, such as the F, etc., of which the Defendant served as a customer in the singing practice room.
Nevertheless, the court below found the defendant not guilty of the facts charged in this case. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment, and the prosecutor's allegation of mistake that points this out has merit.
3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[C] The criminal defendant is a person who operates a "Dking practice room" in Guro-gu Seoul Metropolitan Government.
Any karaoke machine business operator shall be prohibited from selling or offering alcoholic beverages at his karaoke place of business.
Nevertheless, at around 16:20 on April 5, 2012, the Defendant: (a) ordered E, an employee of the said establishment, to provide 8 cans and cans, which were kept in the said singing practice room, to four customers, such as F, etc., of the said singing practice room.
This is the defendant.