beta
(영문) 인천지방법원 2016.05.18 2016고단1410

음악산업진흥에관한법률위반

Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant, a person who operates a singing practice hall with the trade name “Creing practice place” in Article 204 of the Gyeyang-gu Incheon building 204, and a singing practice room business operator, despite the fact that he/she cannot sell alcoholic beverages, on March 12, 2016, sold cans equivalent to KRW 16,000 in total market value to the non-commissioned customers in three rooms of the above singing practice place.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and E;

1. On-site photographs;

1. Application of Acts and subordinate statutes to registration certificates for singing practice place business, business registration certificates, and business control reports;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing criteria are not set for the crimes indicated in the judgment;

2. A fine like the order shall be imposed by taking into account the following circumstances: (a) even though the Defendant had a number of records of punishment for the same crime, the Defendant has committed a second offense; (b) the amount of alcoholic beverages sold is not large; (c) the Defendant acknowledges the Defendant to commit a crime; and (d) the details of the report (to ensure that juveniles who refused access from the Defendant, reported that the Defendant disposes of empty cans, and reported to the police).