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(영문) 대전지방법원 2017.10.13 2017고단2622

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is an owner of “D’s singing practice hall” in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

A sing practice room business operator shall not sell or provide alcoholic beverages.

Nevertheless, at around 18:05 on February 14, 2017, the Defendant provided four persons, including E, who were found to be customers in the above singing practice room 6 rooms, with 4 combined cans and two beers, thereby violating the rules of observance of singing practice providers.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Partial descriptions of E-Written statements;

1. Images of field photographs;

1. The statement in the certificate of registration of singing practice place business [this argument is without merit, although the defendant divided alcoholic beverages into drinking on his/her own life with his/her children, and this cannot be viewed as having been done in the position of a singing practice place business operator];

Application of Statutes

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

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;