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(영문) 서울중앙지방법원 2015.05.29 2015노1407
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have sold alcoholic beverages to customers.

B. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances revealed by the evidence duly admitted and investigated by the lower court, the Defendant’s sales of alcoholic beverages as indicated in the instant facts charged can be acknowledged.

① At the date and time indicated in the facts charged in the instant case, the Defendant placed three cans and three cans and booms on the table of the proprietor of a singing practice room operated by the Defendant, and the leaves containing beer, such as cans and spaws, and the Defendant recognized the provision of the said fruits and maws to customers.

② The Defendant, upon receiving a report from a police officer that the Defendant hired and sold drinking in a singing practice room, said that “The Defendant was subject to crackdown even before passing through the singing practice room, and the Defendant said that “the Defendant was in any place to talk.”

③ In the court of the court below, the defendant asserted that the defendant permitted customers who known to the general public to drink alcoholic beverages outside a singing practice room and did not sell alcoholic beverages only by offering them with an excessive drinking beverage. In the event that a singing practice room business operator sold alcoholic beverages to customers, he would be subject to more severe punishment than an implied punishment, and even though the defendant was well aware of such circumstances, he would be subject to severe punishment upon being mistaken for the sale of alcoholic beverages, and the defendant's act of offering alcoholic beverages and remaining alcoholic beverages to customers.

The defendant's above assertion is without merit.

B. The part of the defendant's assertion of unfair sentencing does not seem to reflect the defendant's mistake, the fact that the defendant has been punished for the same kind of crime, and the defendant's age, character and behavior, motive, means and result, circumstances after the crime, etc.

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