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(영문) 인천지방법원 2018.07.06 2018고정1395

음악산업진흥에관한법률위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A singing practice room business operator shall not sell or provide alcoholic beverages, and no person shall assist customers in drinking alcoholic beverages together with customers, singing or dancing in a singing practice place for profit.

Nevertheless, at around February 23:30, 2018, the Defendant sold 8 cans to four male customers including C, provided 24 cans free of charge, and assisted the Defendant to accept 4 female customers at the request of the above customers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A certificate of registration of a singing practice room;

1. Application of Acts and subordinate statutes to field photographs, cans, on-site ctv materials;

1. Relevant legal provisions of the Act on the Promotion of Music Industry, and Articles 34 (3) 2, 22 subparag. 3 (a point of alcoholic beverage sales and provision), 34 (2), and 22 subparag. 4 (a point of arrange for a loan) of the Act on the Promotion of Music Industry, and the choice of fines for each crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is that the victim’s exemption from the minor act of law against the person who committed the act of law under certain conditions is prior to a certain period of time. It constitutes an exception to the principle.

At the time of the instant case, the exemption system was not the execution period, and thus, in principle, criminal liability for the violation of the law is inevitable.

In light of the fact that the defendant had been punished by a fine due to loan arrangement in 2013, the defendant repeats the same crime, and the fact that the violation of this case is two (sale and supply of alcoholic beverages and arrangement of entertainment) is the same as the order.