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(영문) 인천지방법원 2016.04.27 2015노3522
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant did not sell alcoholic beverages to E, etc.; and (b) did not arrange for entertainment by making women joint with them.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, the Defendant fully recognized the fact that the Defendant sold alcoholic beverages to E and two other persons, as indicated in the facts charged, and arranged to provide entertainment services.

① On the report of E, when a police officer arrives in a singing practice room operated by the Defendant, the door was cut off and the door was opened for about 20 minutes to pass. As the police officer opened a door, E in currency with the reported person, and E was opened a door for a singing practice room.

② The E consistently stated that “I dices and dices in a singing practice room operated by the Defendant, and the Defendant provided three women’s dices” to the investigative agency and the lower court’s court, and specifically stated that “I dices were contained in a small amount of pest and entered the room. I dices were the same from 40 to 50 others, and one dys were the body of a small body and the two dysing body.”

(3) A person who entered a singing practice room with E.

F also complies with the statement of E by making a statement at an investigative agency and the court of the court below that “I dices by mixing with beer and beerer in a singing practice room operated by the Defendant, and the Defendant asked three of beer and sing with beer, making women have not entered, she was included in beer and sing, and she was three of the approximately 40 to 50 women.”

④ On October 13, 2014, E and F filed a false complaint with the Defendant on the following: (a) “Around October 13, 2014, a larger amount of the computation that he thought at the time of the instant case was compared to the accounting that he thought, and thus, did not employ it in the carcination.”

A written agreement stating that the defendant will not be subject to criminal punishment.

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