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(영문) 대구지방법원 2017.09.08 2017고정845

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a “Creing practice hall”.

No person who runs a singing practice place business shall sell or provide alcoholic beverages at his/her place of business.

Nevertheless, on March 11, 2017, around 21:40, the Defendant received KRW 15,000 from 2 headrooms in Daegu Northern-gu D, Daegu-gu, and sold 3 cans to customers in the room, thereby violating the rules of practice.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The defendant and his defense counsel asserted that the facts charged of this case are not acceptable since the defendant's sales of musical beverages to customers at the time are alcoholic beverages which are not an ordinary beer and not an ordinary beer.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, (i) police officers E’s legal statement made at the time to detect and crack down the music of the Defendant’s operation, which is considerably consistent with the developments and process of enforcement, (ii) structure of the instant singing room and location of the storage site of the Defendant at the time of detection, and the Defendant’s attitude at the time, etc.; (iii) the Defendant had a considerable amount of storage in the cooling room located in the kitchen, not the normal liquor at the time; (iv) if the Defendant was engaged in the business of providing intangible alcoholic beverages to customers, he did not have any reason to keep the beer separately; (iii) the Defendant was asserting that it was merely a very exceptional assertion that it was difficult for the Defendant to accept, and (iv) the Defendant provided it to customers by means of sending it separately to “the so” instead of “the cans kept at the time.