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(영문) 수원지방법원 안산지원 2017.06.15 2016고단1698

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 a person who operates the Fing Practice Center in Ansan-si E.

No singing practice room business operator shall sell or provide alcoholic beverages.

On March 4, 2016, around 00:11, the Defendant sold 8 cans, which are alcoholic beverages, to G, customers, at the instant singing practice place, in total 32,00 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness H;

1. A protocol concerning the examination of each police suspect to I or J;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 (Selection of Penalty) of the same Act concerning facts constituting an offense;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The Defendant in this part of the facts charged is a person who operates a Fing Practice Center in Ansan-gu, Ansan-si.

No singing practice room business operator shall arrange to provide entertainment to customers by drinking alcoholic beverages with customers, singing or dancing in a singing practice place for profit.

On March 4, 2016, at the above singing practice place, the Defendant received a demand from G, a customer, to get the customer to drink, and the Defendant assisted the customer to drink with G, by allowing the customer I and J to drink with drinking and singing together with G, and arranging the customer to provide entertainment for profit.

2. The judgment of the defendant and his defense counsel did not have any fact that the defendant provided a contact loan to I and J at the time, and K, the defendant's spouse, notified G of the telephone number to the guest, and the above G was not provided.

This part of the facts charged is denied.

There is no direct evidence of this part of the facts charged by the prosecutor, that is, there is no evidence that the defendant has reached the above I and J.

One of the evidence that a prosecutor has requested and investigated, examines the evidence related to this part of the facts charged.

The legal statement of the witness G, who is a customer, K at the time.