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(영문) 광주지방법원 순천지원 2013.07.02 2013고정425

음악산업진흥에관한법률위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a person who operates a “C-sing practice room” in B at a leisure time;

1. On February 4, 2013, the Defendant: (a) sold alcoholic beverages to customers D with 30,000 won at the said “C Kinginging practice room”. Around February 23, 2013, the Defendant received 30,000 won and sold to customers D .

2. The Defendant received a demand from customers D to receive the above time, place, and received a demand from the said customers to receive KRW 30,000 per hour, and arranged the loan by getting E to drink with the said customers and let them drink alcoholic beverages, and singing with them.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Written petition of D;

1. Application of the statutes on video recording CDs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sale of alcoholic beverages), Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of brokerage of adjacent loans), and selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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