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(영문) 부산지방법원 2016.06.23 2015노4584
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant, as an employee of the head of the instant singing practice room, delivered alcoholic beverages to customers in the instant singing practice room, and did not provide such alcoholic beverages as an employee of the said singing practice room. However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, on the ground that the Defendant constitutes an employee of the head of the instant singing practice room or other employee.

2. The court below held that according to the witness G’s statement at the court below’s court and the materials submitted by the Defendant, the Defendant is acknowledged as an employee of the instant house under the labor contract, but the following circumstances, which can be seen by the evidence at the time of the sales, i.e.,: (a) G is operating the instant singing practice head and the said head; (b) the said head is partially removed from the space of the said singing practice place; and (c) it is difficult to view the said head as an establishment unrelated to the said singing practice head and the said singing practice place; (b) G was managing the said singing practice place at the time of the instant case; (c) the Defendant appears to have sold alcoholic beverages to customers without any restraint; and (c) the Defendant sold alcoholic beverages to the prosecutor’s investigators at the telephone conversation with the prosecutor’s office.

In light of the fact that “the Defendant was the actual assistant of the above singing practice hall,” the Defendant found the Defendant guilty of the facts charged in this case on the ground that it would suffice to deem it as constituting “an employee or other employee” under Article 35 of the Music Industry Promotion Act.

In addition to the above circumstances in the court below, according to the evidence duly admitted and examined by the court below, there are circumstances, such as the fact that a funeral was inside and stated to the effect that he / she sees two sing and singing in the process of Defendant India investigation.

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