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(영문) 대전지방법원 2014.08.27 2014노799
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant is merely a provision of alcoholless beer to customers, and there is no fact that he sells alcoholic beverages.

In addition, customers who provided alcoholic beverages in this case have been punished by inducing the defendant's illegal acts with the intention of entertainment drinking house owners, and the credibility of their statements is rare.

The punishment (one million won of fine) sentenced by the court below on unreasonable sentencing is too unreasonable.

In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court’s determination that the Defendant sold alcoholic beverages to customers is justifiable, and thus, this part of the Defendant’s assertion is rejected.

Although the Defendant asserts that it is only a provision of alcoholic beer, it is possible to distinguish between alcoholic cans of this case from the size and trademark name of the caner of the instant cans of this case. The Defendant stated in the original judgment that the Defendant ordered 10 caner cans of beer and 10 beer, and this can also be confirmed in the video taken by E.

The defendant also stated in the police that cans cans, which are provided to E driving, cans cans cans or cans cans.

In light of the fact that the price of beverage provided to E was 4,00 won per unit of beverage, and it is difficult to deem that E reported the Defendant to have had had alcohol connection, the Defendant’s assertion that he provided an alcoholic beer cannot be believed.

The instant crime of determining unfair sentencing by the Defendant is that the Defendant, while running a singing practice room, sells alcoholic beverages to customers and arranges a customer to provide entertainment services, and the Defendant’s criminal liability is not minor, and the Defendant operates a singing room in the same manner as the instant crime and serves customers as it is.

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