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(영문) 서울북부지방법원 2014.11.13 2014노1039
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant, at the time and place specified in the facts constituting the offense in the lower judgment, only sold without alcohol to two customers E, etc.; and (b) the Defendant was convicted by mistake of the facts and thereby, convicted the Defendant.

2. In full view of the evidence duly adopted and examined by the court below, in particular, witness F and E’s statements in the court of original judgment, and the police statements in the police statement in relation to E to the purport that “Mannobs will be can be cans in the Dnobs bank, and drinking will be alcohol.” As such, the defendant can sufficiently recognize the fact that he sells cans which are alcoholic beverages to two, such as customers E, in a singing practice room as stated in the facts constituting the crime of the court below, and thus, the defendant’s assertion of mistake of facts is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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