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(영문) 서울중앙지방법원 2014.08.04 2014고정2274

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is running a singing practice room with a trade name “D” on the first floor of Seocho-gu Seoul Metropolitan Government C underground.

Even if a singing practice room business operator is prohibited from selling or providing alcoholic beverages, the Defendant sold or supplied the beer, which is an alcoholic beverage, to customers with no name, around December 10, 2013.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Control note;

1. Application of Acts and subordinate statutes to name cards and control site photographs;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Articles 22 (1) 3 of the same Act concerning facts constituting an offense;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) have the history of having been sentenced to a criminal punishment of fines multiple times due to the violation of the Music Industry Promotion Act, where the Defendant already sold or arranged a loan of alcoholic beverages while running a singing practice room of this case

Nevertheless, the defendant again committed the crime of this case, and the defendant adopted a code to avoid crackdown in the process.

The punishment shall be determined in consideration of this point.

It is so decided as per Disposition for the above reasons.