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(영문) 서울남부지방법원 2014.04.08 2013고정3965

음악산업진흥에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. No karaoke machine business operator who violates the Music Industry Promotion Act shall sell or provide alcoholic beverages, or employ or arrange a loan for entertainment;

Nevertheless, at around 21:00 on March 14, 2013, the Defendant: (a) sold alcoholic beverages by receiving KRW 20,000 from customers, such as so-called “Camenda” in the Defendant’s operation in Gangseo-gu Seoul Metropolitan Government; (b) sold alcoholic beverages by receiving KRW 20,000 from customers; and (c) had a loan in the name of an in-house entertainment to receive KRW 25,00 per hour, and let them drink alcoholic beverages with customers and provide entertainment services by singing or dancing with customers.

2. On March 15, 2013, around 02:30, the injured Defendant demanded a simplified tax invoice by the victim D (the age of 47) from the stairs of the above “Croman bank,” and the victim d (the age of 47) demanded a simplified tax invoice by the victim’s hand at the time of the victim’s head at one time, so that the victim could cut off from the stairs.

As a result, the Defendant inflicted an injury on the victim, such as catitiss that need to be treated for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution concerning D;

1. Statement of opinion;

1. Application of Acts and subordinate statutes to investigation reports (attached medical certificates, etc.);

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sale of alcoholic beverages), Articles 34 (2) and 22 (1) 4 (a point of brokerage of adjacent loans), Article 257 (1) of the Criminal Act, the selection of fines for each crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;