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(영문) 대구지방법원 2014.07.09 2014고정537

음악산업진흥에관한법률위반

Text

Defendant

A shall be punished by a fine of 500,000 won.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who operates a singing practice room in Daegu Dong-gu D, and Defendant B is an employee of A who has done the said singing practice room upon A’s request.

1. Although Defendant B’s karaoke machine business operator was prohibited from selling or providing alcoholic beverages, the Defendant, around August 25, 2013, sold the instant singing practice room to F, who was a customer, for 3,000 won.

2. Defendant A, at the time and place specified in Paragraph 1, sold to F to F the customer of the Defendant’s business, as stated in Paragraph 1, 3,000 won in connection with the Defendant’s business.

Summary of Evidence

1. A statement of reporter of the F;

1. Application of Acts and subordinate statutes to a investigative report (CCTV video viewing report);

1. Defendant B of the pertinent law on criminal facts: Articles 34(3)2 and 22(1)3 of the Music Industry Promotion Act (Selection of Fines) and 208Do7834 Decided September 9, 2010, and Articles 35, 34(3)2 and 22(1)3 of the Music Industry Promotion Act

1. Defendant B to suspend the sentence: Fine of 500,000 won;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act (50,000 won per day);

1. Defendant B of suspended sentence: Defendant A of this case’s reason for sentencing under Article 59(1) of the Criminal Act (i.e., the primary charge, the F demanded the beer to Defendant B; Defendant B first stated a low alcohol beverage can, based on the World Cup; Defendant B resisted the beer; Defendant B demanded the beer; and eventually, Defendant B offered beer, etc.); Defendant A had the history of having been punished for the same kind of crime; and the circumstances of this case as seen earlier, etc. shall be determined as per Disposition by taking into account the following factors.