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(영문) 광주지방법원 2017.07.14 2016고정1412

음악산업진흥에관한법률위반

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

The defendant is a singing practice room business operator who registered with the Naju City Mayor around August 25, 2014 and operates "D Sing practice hall" in Naju City C.

A singing practice room business operator shall not sell or provide alcoholic beverages within his/her place of business, and shall not continue his/her business in violation of an order to suspend his/her business.

around 23:00 on June 4, 2016, the Defendant sold alcoholic beverages to four persons, such as E (44 years, remaining, etc.) who sought as customers in the instant singing practice place, such as providing beer three concurrent services, and thereby violating the rules for business operators. The Defendant operated such alcoholic beverages in violation of the above order even though it was for the period of business suspension from May 9, 2016 to June 7, 2016.

Summary of Evidence

1. The defendant's partial statement of witness F and G's each legal statement of witness H in the court room;

1. Application of Acts and subordinate statutes to notify the results of administrative dispositions taken by G, H and F of each letter;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sale of alcoholic beverages), Article 34 (5) 2, and Article 27 (1) of the Music Industry Promotion Act concerning criminal facts;

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

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. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;