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(영문) 서울동부지방법원 2014.07.24 2014노65
음악산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the defendant's summary of the grounds for appeal stated that he/she should have seen that he/she enters a singing, such as E, at the time, he/she is found to have been a defendant at the scene, and according to the fact that the defendant asked that he/she would not speak that he/she would do so, and the fact that the facts charged in this case were sufficiently recognized, the court below erred by misapprehending the facts and thereby acquitted the defendant

2. In light of the defendant's statement that the defendant had a sound in the locking at the time, and that the defendant's statement that he did not have a woman's leader other than a male but a woman's leader other than a male at the time of entering a singing practice room and that the defendant's statement that he did not have a woman's leader other than a male at the time of entering the singing practice room, and that such request was made after the crackdown, the mere fact that the defendant's statement or the defendant's statement that he did not have to come to the door was requested by E et al. that he would not be called as the plaintiff's statement or the helper.

It is insufficient to recognize that a person has committed or failed to commit a crime.

In addition, the statement of F and G, which seems to correspond to the facts charged in this case that the defendant had been in a singing practice room at the defendant's request, is hard to believe due to the same reason as the court below stated in the reasons for the judgment. Accordingly, the court below's decision of not guilty of the facts charged in this case is just and acceptable, and there is no error of misconception of facts as alleged by the prosecutor, which affected the conclusion of the judgment.

The prosecutor's assertion of mistake is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.

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