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(영문) 서울남부지방법원 2020.09.08 2020고정904

음악산업진흥에관한법률위반

Text

Defendant

A shall be punished by a fine of KRW 3 million, and by a fine of KRW 1 million,00,000,000.

The above fines are respectively imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A is an employee of the “D” singing practice room in Yeongdeungpo-gu Seoul Metropolitan Government C Underground1 Ground.

Although the defendant is prohibited from selling alcoholic beverages in a singing room that is registered and operated as a singing practice room business, the defendant violated the rules of practice of the singing practice room business operator by selling ten cans to customers E (ma, 39 years old), etc. at the above singing practice room around 04:00 on January 14, 2020 and selling ten cans to customers E (ma, 39 years old), etc.

2. Defendant B was a karaoke machine business operator running a singing practice room under the preceding paragraph, and the Defendant, an employee of the Defendant, sold alcoholic beverages as described in the preceding paragraph in relation to the Defendant’s business, and committed an offense.

Summary of Evidence

1. A written statement of the Defendants’ respective statements E

1. Application of statutes on site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 34(3)2 and Article 22(1)3 of the Music Industry Promotion Act; the selection of fines

B. Defendant B: Articles 35 and 34(3)2 of the Music Industry Promotion Act

1. Defendants to be detained in a 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