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(영문) 수원지방법원 2013.09.26 2013노1500
음악산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

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

Reasons

1. The gist of the grounds for appeal is that the defendant operating a singing room has no record of mediating a receipt loan or selling alcoholic beverages at the time and place specified in the facts charged.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2. Determination:

A. The summary of the facts charged is a person who operates a singing practice room with the trade name of “Dnoman practice room” from March 8, 2010, to the name of “Dnoman practice room” in the Yeongdeungpo-gu C building in Young-gu, Gi

In spite of the fact that a karaoke machine business operator is not allowed to employ a entertainment loan, the Defendant violated the obligations of each karaoke machine business operator by arranging one entertainment loan to the said singing practice room E at around 02:00 on March 24, 2012, and selling alcoholic beverages with 4 cans per week.

B. The lower court found the Defendant guilty on the grounds of the Defendant’s partial statement, the police’s statement, the account statement, and the investigation report (general).

C. Of the evidence in the judgment of the court below as stated in the judgment of the court below, the "part statement of the defendant" cannot be viewed as evidence of guilt since it does not appear even after examining each of the trial records of the court below. The statement of account statement and investigation report (general) alone is insufficient to recognize the facts charged. As such, in this case, the credibility of the E's statement directly experienced the defendant's contact loan brokerage and alcohol provision is a part of the proof of the facts charged.

According to the evidence duly adopted and examined by the lower court and the trial court, E reported the fact that around 04:00 on March 24, 2013 (Evidence No. 19 of Evidence No. 19) Defendant’s operation singing room and sold alcoholic beverages. The Defendant et al., at the time of arrival of the police officer dispatched to the business site, opened a singing door after the police officer’s use of the door door several times.

In other words, the defendant's singing door.

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