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(영문) 대전지방법원 서산지원 2015.04.30 2015고정19

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a “Cking practice room” located in B at the time of medical examination.

Any karaoke machine business operator shall not sell alcoholic beverages to customers, and shall not drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services.

Nevertheless, at around 22:09 on August 15, 2014, the Defendant sold 6 cans cans to 20,000 won to two of the above singing practice room, and arranged the women called “E” to sit in company with the above customers on condition that they would give 30,000 won per hour.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sales of alcoholic beverages), Articles 34 (4) and 22 (2) of the Music Industry Promotion Act concerning criminal facts, the choice of fines for negligence, and the selection of fines for negligence;

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

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include not only the Defendant not only sold alcoholic beverages in a singing practice room, but also the Defendant had been punished as a fine for the same crime even in 2012, and all the sentencing conditions specified in the records and arguments of the instant case are determined by comprehensively taking account of the following factors.