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(영문) 광주지방법원 2018.08.23 2018고단790

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall in the name of “Ding practice hall” on the first floor of the building located in Gwangju-gu, Gwangju-gu.

No singing practice room business operator shall sell or offer any alcoholic beverage.

Nevertheless, at around January 27, 2018, the Defendant provided two-lanes to E and his behaviors as customers in the instant singing practice place.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Statement made by the police for E;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the distributor registration certificate;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant was punished by a fine of three times for a crime similar to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, and the Defendant was sentenced to a suspended sentence of imprisonment in the preceding case, but there is no room to defend himself by repeating the crime during the suspended sentence period, and the circumstances after the Defendant was denied by the investigative agency to the effect that the Defendant was committed in the course of

However, in consideration of the fact that confessions are made in the late court of the Republic of Korea in depth and that they will not repeat again in the future, the sentence of a fine like the order shall be imposed in the sense that they are placed in the last place, in consideration of the fact that the singing practice place in this case was the only income source of family, the reality and health of the same industry, the fact that there is no good health, and there is no other criminal record other than the previous criminal records related to the operation of the singing practice place.