beta
(영문) 부산지방법원 2018.06.05 2018고정584

음악산업진흥에관한법률위반

Text

Defendant

A shall be punished by a fine of KRW 500,000,000,000,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who works in a singing practice place in Busan Dong-gu and is an employee; Defendant B is a person who operates the above singing practice place; and Defendant B is prohibited from selling alcoholic beverages;

1. On December 11, 2017, Defendant A sold to E and three other customers, a customer, e.g., E in the instant singing practice room around December 21, 2017; Defendant A sold 2 sick and beer; and 1 bottled alcoholic beverages;

2. Although Defendant B is required to exercise considerable care and supervision to prevent an employee A from selling alcoholic beverages, Defendant B neglected to do so and caused A to commit a violation as referred to in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of statutes on field photographs;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 (Selection of a punishment) of the Act on the Promotion of Music Industry A: Defendant B: Articles 35, 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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