beta
(영문) 제주지방법원 2019.07.05 2018고단3008

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No karaoke machine business operator shall sell or provide any alcoholic beverage.

The Defendant is a de facto operator of “Cking practice room” located on the fourth floor of the building B at Jeju.

1. On October 26, 2018, around 22:00, the Defendant sold and supplied 7 customers a cans, 12 cans, 1 disease, etc., and 40,000 won in total.

2. On November 6, 2018, at around 23:19, the Defendant sold and supplied seven customers with alcoholic beverages equivalent to KRW 9,000 in total, including cans, cans, and one disease per owner.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each statement of the suspect interrogation protocol against the defendant prepared by the police;

1. Entry of a report processing list of 112 reported cases prepared by the police;

1. To describe a copy of registration certificate of singing practice room business;

1. Application of each of the visual Acts and subordinate statutes to each photograph;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 of the same Act shall apply to the relevant provision of facts constituting an offense and the judgment of the choice of punishment: Each point of view shall be subject to punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment of Punishment and Concurrent Punishment of Crimes as stipulated for Crimes of No. 1 which are heavier than the punishment)

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

1. 【The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order 【The scope of the applicable sentences under the law】 A fine of KRW 50,000 to KRW 30 million (in the case of concurrent crimes), 【The sentence of a fine of KRW 5 million (in the case of concurrent crimes): the Defendant, on June 15, 2018, issued a summary order of KRW 3 million as a violation of the Music Industry Promotion Act from the Jeju District Court on the charge of violating the Music Industry Promotion Act; on November 30, 2018, the Defendant issued a summary order of KRW 7 million as a fine from the same court on the same crime; however, the Defendant repeatedly commits each of the crimes of this case without being well-known; and the instant crime disregards the legislative purpose of the Act on the Promotion of Music Industry that enhances the quality of cultural life of the people.