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(영문) 춘천지방법원 강릉지원 2017.11.30 2017노299
음악산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Legal doctrine-misunderstanding police G cannot be deemed as evidence of guilt, inasmuch as the Defendant forced the Defendant to submit a written statement without notifying the Defendant of the right to refuse to make statements, G’s legal statement to the effect that “at the time of control, the Defendant had taken the words recognizing the facts charged” cannot be deemed as evidence of guilt.

In addition, it is doubtful as a naval investigation in light of the developments of the control.

B. In fact, the Defendant did not sell cans to male customers and did not arrange a contact loan.

In cans, male customers have been dead.

E and F merely ordered coffee with the phone number written by male customers at the request of male customers to make coffees, not with a contact loan arranged by the defendant, and the defendant ordered coffee.

2. The prosecutor of the judgment ex officio applied Articles 34(4) and 22(2) of the Music Industry Promotion Act (hereinafter “ Music Industry Promotion Act”) with respect to “the Defendant’s act of mediating the Defendant to provide entertainment services, such as having the customer attend a singing practice room and drink with the customer,” and convicted him/her of committing a crime by applying Articles 34(2) and 22(1)4 of the Music Industry Promotion Act (which is clear as to the facts charged). The lower court found him/her guilty by applying Articles 34(2) and 22(1)4 of the Music Industry Promotion Act, the elements of which are different, and the statutory penalty of which is higher.

On the other hand, the court below applied Article 34 (2) of the Music Industry Act, which did not institute a public prosecution, and applied Article 34 (2) to the case in which a public prosecutor instituted a public prosecution. On the other hand, the court below did not make any decision on the case in which a public prosecutor instituted a public prosecution.

Article 34(4) of the Music Industry Act is a statutory penalty of one year or less or a fine of three million won or less, whereas Article 34(2) of the Music Industry Act is much higher than that of imprisonment with labor for not more than three years or a fine not exceeding 30 million won.

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