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(영문) 인천지방법원 2018.11.16 2018고정224

음악산업진흥에관한법률위반

Text

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

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 with the trade name of D in Seo-gu Incheon Metropolitan City.

Although the Defendant is not required to sell alcoholic beverages and provide alcoholic beverages in the singing practice place, the Defendant sold to the customers E and the two members of the said singing practice place on November 12, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Some statements made to the defendant or F in each police interrogation protocol;

1. Protocols concerning interrogation of the police in relation to E (one time, three times);

1. The circumstantial statement report and investigation report of the driver at the main place (23-24 pages of investigation records);

1. Application of the receipt statute

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

1. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant only sold to E, etc. without alcohol alcohol, but did not sell so.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the fact that the Defendant sold the shares to E, etc. can be acknowledged.

A. E went through a singing practice hall operated by the Defendant and boarded a vehicle driven by F, and was subject to the crackdown on drinking before G hospital, and at the time, E stated that he was dysing two times to the crackdown police officers.

E stated that the police investigation conducted on November 16, 2017 stated that he/she was drank to the extent of half of the disease of the child. The police investigation conducted on November 20, 2017 stated that he/she was drank in a singing room.

On the other hand, the defendant, together with the speaker, drinked in the line, and later moved to a DNA singing practice room, and he was in the line.