beta
(영문) 대전지방법원 홍성지원 2017.05.25 2016고정309

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant operates a singing practice hall in the name of “C” on the B and the second floor of Boen-si.

No singing practice room business operator shall sell or provide alcoholic beverages.

Nevertheless, at around 00:05 on June 8, 2016, the Defendant sold 1 to 15,000 won a caner in the instant singing practice room, and then sold 5 cans for 20,000 won to 20,000 customers on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. On-site photographs;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is based on the following factors: (a) even though the Defendant had two or more criminal convictions, the Defendant committed the instant crime; and (b) the Defendant’s age, sex, family relation, environment, etc. and the conditions of sentencing as shown in the oral argument are determined as ordered.