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(영문) 수원지방법원 2017.05.25 2016노7337
음악산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding (as to the acquittal portion of the judgment of the court below), testimony made by G, H, I, etc. in the court of the court below, the witness lacks credibility in light of the statement made by the investigative agency, etc., the defendant was obstructed at the time when the police officer was dispatched, and the defendant had the same record as the defendant, it is obvious that the defendant committed a violation of the Music Industry Promotion Act by employing and arranging a contact loan.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court (one million won in 1.5 million won in Sentencing) is deemed to be too unfluent and unfair.

2. Determination

A. As to the assertion of mistake of facts, the summary of the facts charged is that the Defendant runs the “Esing practice place” business in Ansan-gu D at the time of Ansan-gu.

At around 23:00 on October 17, 2015, the Defendant did not employ or arrange a contact loan of 25,000 won per hour, and received a contact loan of 25,000 won per hour (one person: singing room) with customers, thereby having three women (G, H, and I) attend with customers, and having them sing and dance with customers, thereby violating the rules of practice of the singing practice room business operator.

2) The lower court determined as follows: (a) each statement of the police interrogation protocol for G, H, and I as evidence consistent with the above facts charged was written, but this statement was made by each of the witnesses G, H, I, J, K, and L (the content thereof is “L and its driving, H, I, and G are in close vicinity of the central market at the date indicated in the above facts charged, and there was a relationship with L prior to that time.

J was met. At that place, two male and female behaviors of the J and the same male and female behaviors of the above L were committed in the above Esing practice place, according to these commitments, the J and two male and female actors arrive at the Esing practice place first, and thereafter H, I, and G arrive at the Esing practice place, and thereafter, the defendant who is a business owner.

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