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(영문) 의정부지방법원 고양지원 2012.11.16 2012고정176
음악산업진흥에관한법률위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in the instant case is a singing practice room business operator running "Yongdong-gu Crata-dong, Goyang-si, and a singing practice room business operator is prohibited from employing or mediating a contact loan, or engaging in an act of soliciting customers.

Nevertheless, at around 22:00 on August 29, 201, the Defendant, upon receiving D’s request from the above Cnonode room, assisted the Defendant to dance, singing with D, and to provide entertainment services.

2. The facts charged are not sufficient to be recognized solely on the basis of the judgment, the submission of each of the documents by the prosecutor, and there is no evidence to prove otherwise.

Rather, in full view of the various circumstances indicated in the trial and records of this case, including the witness D’s legal statement and the transmission and reception of each mobile phone call and text message from D and E around the day of this case, it is difficult to view that D had already become aware of E prior to the day of this case, and received contact information prior to the day of this case, D requested E to go through a mobile phone text message before the day of this case’s operation, and E was to go against it, and E was to go against it. Accordingly, it is difficult to view that the Defendant did not arrange D to go to go against D on the date indicated in the facts charged of this case.

If so, this is the case where there is no proof of criminal facts and thus, it is judged not guilty under the latter part of Article 325 of the Criminal Procedure Act, and it is decided as per Disposition by publicly announcing the summary of the above judgment against the defendant under Article 58(2)

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