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(영문) 서울북부지방법원 2018.04.05 2018고정67

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of 1.2 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 singing practice hall in the name of “C” on the Dongdaemun-gu Seoul Metropolitan Government and underground floors B and C.

A singing practice room business operator shall not sell or provide alcoholic beverages, and no person shall engage in entertainment with customers, such as drinking alcoholic beverages with customers, singing or dancing, etc., or arrange other persons to engage in such conduct, for profit-making purposes.

Nevertheless, on August 19, 2017, the Defendant: (a) arranged customers D (44) who found the above singing practice place on behalf of August 19, 2017; (b) sold 8 cans cans which are alcoholic beverages to 32,00 won; and (c) sold 8 cans which are alcoholic beverages to 32,00 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs;

1. Application of Acts and subordinate statutes to a copy of a certificate of singing practice place business registration;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), and Article 22 (1) 4 (a) of the same Act concerning facts constituting an offense; the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;