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(영문) 서울남부지방법원 2017.01.12 2016노844
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant, while operating a singing practice hall, did not arrange for so-called “singing practice room customers” (hereinafter “sing practice”) as stated in the facts charged.

2. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below, namely, the court below stated that "E paid KRW 100,000 won in cash to the defendant who is the principal of the singing practice place on the day of the case, because it stated that "E paid KRW 100,000,000 in cash to the defendant who was the principal of the singing practice place on the day of the case," and ② The police officer F who was dispatched to the above singing practice place at the court of the court of the court below, "at the time of dispatch, E paid KRW 10,000 to the defendant."

In light of the following: (a) the police officer stated that he/she had stated that he/she had been aware of alcoholic beverages, such as beer, in the room in which he/she actually used E and his/her behaviors; and (c) E was punished by the Defendant in relation to the loss of his/her mobile phone; and (d) the Defendant demanded that he/she “I would like to bring about this woman’s mobile phone; thus, I would like to bring about the same woman’s mobile phone,” it can be sufficiently recognized that the Defendant arranged for a loan as stated in the facts charged.

The defendant's assertion of facts is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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