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(영문) 수원지방법원 2017.02.09 2016고정1802
음악산업진흥에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who operates a singing practice hall located in Heung-gu C at the time of acceptance of the charge.

Although a singing practice provider is prohibited from selling alcoholic beverages at a singing practice place or acting as an intermediary for entertainment, the Defendant sold 10 cans to 40,000 won to one of the above singing practice place E (50 years old) and one of the above singing practice place around April 30, 2016, and arranged two women-domins to receive 60,000 won per hour for profit-making purposes and to receive 60,000 won for entertainment.

2. The assertion and judgment

A. The Defendant and his defense counsel’s assertion date and place in the facts charged, and the fact that the Defendant sold 10 alcoholic beverages for singing to one customer E, etc., but there is no fact that the Defendant sold 10 cans, which are alcoholic beverages, and there is no fact that the Defendant has arranged two female friendships to provide entertainment services.

B. In light of the following circumstances revealed in the records, it is insufficient to recognize the facts charged that the Defendant sold alcoholic beverages to customers E and one other, at the date and place indicated in the facts charged, and arranged female friendship to provide entertainment services at the time and place indicated in the facts charged, and there is no other evidence to acknowledge otherwise.

① On May 1, 2016, the police reported at around 02:00, 112 on the basis of the trial cost related to the calculation of singing costs, and sent the case to D’s singing practice room operated by the Defendant (hereinafter “instant singing practice room”).

The police made a statement from E on the sales of alcoholic beverages and good offices of the Defendant from E at the instant singing room, and investigated the instant singing room, and there was “E” and “F”

The evidence of the sale of alcoholic beverages and good offices for E, etc. in the whole sings of this case, including six rooms, was not found (five cans of beer found in the garbage box located adjacent to the seven non-emergency stairs).

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