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(영문) 의정부지방법원 2020.05.28 2018노3137
음악산업진흥에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant of mistake of facts is merely a fact that the victim intended to take the victim's cell phone in his/her hand in order to prevent the victim from reporting the illegal business in 112, and there is no fact that the victim's body was sealed as stated in the facts charged.

B. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, two years of community service, 120 hours of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On December 28, 2017, the Defendant: (a) told the victim D (57 years of age) that he/she would wait for a singing room in the singing room in Goyang-gu, Goyang-gu, Goyang-gu; and (b) said, the victim who caused the victim to have his/her body carried out the illegal operation of the singing room on his/her cell phone in order to prevent the 112 reported defect in the sing room, and assaulted the victim by having his/her body in his/her hand over several times.

B. The lower court found the Defendant guilty of this part of the facts charged on the grounds indicated in its reasoning.

C. In light of the following circumstances revealed through the evidence duly adopted and examined by the lower court and the lower court, the Defendant’s act of assaulting the victim’s body by hand as stated in the above facts charged can be fully recognized.

Therefore, we cannot accept this part of the defendant and his defense counsel.

1. The purport of the victim is that, from the investigative agency to the court of the court below, the victim: “The Defendant refused to wait for friendship in the singing room with approximately one hour and forty minutes of singing, but the Defendant filed a report on illegal singing room business in 112, and the Defendant got off his cellular phone and got off his cell phone, and thereby, the Defendant got off the phone, and thereby, the only one of the small-scale actors on the tables was broken away from the floor.”

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