beta
(영문) 의정부지방법원 고양지원 2015.04.17 2014고정1004

음악산업진흥에관한법률위반

Text

Defendant

A shall be punished by a fine of 700,000 won, and a fine of 300,000 won, respectively, for Defendant B.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates Enodessa on the second floor of the building D in the Goyang-gu, Manyang-si, and the defendant B is an employee of the above singing room.

1. On February 28, 2014, around 01:00, Defendant B sold and provided KRW 31,000 in total to F and G three bottles, cans, four cans, and four cans, and arranged the said F and others.

2. Defendant A, as an operator of the above singing room, committed an act of violation as referred to in the above paragraph (1) in relation to his business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by a witness F in the third protocol of the trial;

1. Application of Acts and subordinate statutes to investigation reports;

1. A person who is subject to the pertinent provision of the Music Industry Promotion Act and who is subject to the choice of punishment: Articles 34 (2), 22 (1) 4, and 35 of the Music Industry Promotion Act, Articles 34 (3) 2, 22 (1) 3, and 35 of the Music Industry Promotion Act, and Article 34 (2) and Article 22 (1) 4 of the Act on the Promotion of Music Industry (which means sales and provision of alcoholic beverages), Defendant B who is subject to the choice of fines: Articles 34 (2) and 22 (1) 4 of the Act on the Promotion of Music Industry, Article 34 (3) 2, and Article 22 (1) 3 (which means sales and provision of alcoholic beverages), and Article 22 (1) 3 of the Music Industry Promotion Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. The sales of alcoholic beverages at the time of the instant assertion did not constitute a fact or an arrangement for help, and Defendant B is not an employee of Defendant A.

2. In full view of the details of the witness F’s specific and consistent statement and the amount of cash separately used in the singing room in addition to the credit card amount settled at the time, Defendant B’s investigative agency, etc., the fact of the instant good offices can be sufficiently recognized.

Defendant

B The instant case.