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(영문) 의정부지방법원 2013.04.04 2012노2358
음악산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The statements of E, which had been sent to the singing practice room operated by the defendant at the time and time of the crime as stated in the summary of the grounds for appeal, are consistent with the facts charged, as follows: “E was sent to the singing practice room by the defendant on the day, and turned to the singing practice room,” and such statements are highly reliable, but the judgment of the court below which rejected them and acquitted, is erroneous in the misapprehension of the legal principles that affected the conclusion of the judgment.

2. Determination:

A. The summary of the facts charged is that the Defendant is a singing practice room business operator running the Ildong-dong Cmnasium in Goyang-si, and a singing practice room business operator is prohibited from employing, mediating, or arranging a entertainment loan. However, around 22:00 on August 29, 201, the Defendant assisted the Defendant by receiving D’s demand from the above Cmnasium to dance with D, singing with D, and soliciting entertainment.

B. The lower court rendered a judgment on the grounds that each of the evidence submitted by the prosecutor alone is insufficient to acknowledge the facts charged, and there is no other evidence to acknowledge the facts charged, and instead, in full view of the various circumstances indicated in the trial and the record of this case including D and E’s mobile phone calls and text messages received prior to the day of this case, D already became aware of E by singing and received contact information prior to the day of this case. On the day of the instant case, D requested E to go through a mobile phone text message before the Defendant’s operation, and E was to go against this request, and E was to go against it, and it was difficult for E to go against the date of the instant facts charged, and thus, it constitutes a case where there is no proof of a crime, and thus, it constitutes a case where it is difficult to deem that the Defendant did not arrange D to go in the way indicated in the instant facts charged, and thus, acquitted under the latter part of Article 325 of the Criminal Procedure Act.

C. As to the facts charged in this case, the Defendant in the judgment of the political party.

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