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(영문) 서울중앙지방법원 2020.09.01 2020노639
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not violate any obligation of a karaoke machine business operator by selling alcoholic beverages at a karaoke machine or arranging entertainment at the time stated in the facts charged of this case.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case erred by mistake of facts.

2. The lower court also asserted the same purport as the grounds for appeal, but the lower court acknowledged the criminal facts of this case based on the evidence in its judgment. In full view of the following facts and circumstances acknowledged by the evidence duly admitted and examined by the lower court, the lower court can sufficiently recognize the fact that the Defendant sold alcoholic beverages at the time and time site as indicated in the facts charged of this case and arranged for a loan

Therefore, the judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the defendant, and the above argument by the defendant is without merit.

① According to the video (Evidence No. 9) of a photograph taken inside a singing practice room operated by the Defendant on the day of the instant case, two of them are placed on the tables of the singing practice room used by customers D, in which two of them are placed, a day-to-day, a day-to-day, a day-to-day, a day-to-day, a day-to-day, a day-to-day,

② The above D stated that the Defendant sold alcoholic beverages in a singing practice room from the investigative agency to the court of the court below, and that the Defendant offered an excess to D in that it does not ordinarily provide customers with an excessive task at a singing practice room, seems to have sold alcoholic beverages, including alcoholic beverages, together with alcoholic beverages.

(3) The fact that the above D had found the above singing practice room without accompanying, and there were multiple growths and seals on the table table inside the singing practice room. The above fact that there were several productions and seals on the table table inside the singing practice room was done together with the helper in the singing practice room.

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