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(영문) 수원지방법원 2017.02.15 2016노4905
음악산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The gist of the grounds for appeal is that Defendant A did not sell alcoholic beverages to singing customers or arrange for a loan for entertainment as stated in the judgment below.

Therefore, Defendant B, who is the operator of the above singing room, is not liable for each of the above acts.

2. On the other hand, the court below witness F of the court below paid 60,000 won in advance to Defendant A in the name of two singing machines, and the cost of singing machines was later paid in the court.

singingly, sing-to-sing sing-to-sing-sing-to-sing-sing-to-sing

They have entered the 3 cans of beer and the 1 bottle of beer.

The cattle was contained in plastic physical disease.

After using singing rooms for two hours, the amount of money used in singing and the amount of the drinking value have been KRW 220,000.

The witness reported the instant case to the police.

The witness G of the lower court stated to the effect that “the circumstances at the time of the witness’s drinking are not accurate memory, but can be cand and cand in singing, and two singing machines have been included in the court.

The calculation means how to pay money to the F with no witness.

“The statement was made to the effect that “........”

Each of these statements by the witnesses of the court below, in particular, the testimony by the witness F, is recognized as credibility in light of its form, consistency, and rationality.

In addition, the court below, which directly examined the above witness, has credibility in the witness's statement.

the judgment was clearly erroneous.

There is no special circumstance to see.

Therefore, in full view of each evidence duly admitted and examined by the court below, such as the statement of the witness of the court below, the facts constituting the crime in the judgment below can be fully recognized

Therefore, the defendants' arguments are without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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