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(영문) 서울서부지방법원 2017.11.09 2017고정1146

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 singing practice room that operates the “Ding practice hall” on the first floor of the building in Eunpyeong-gu Seoul Metropolitan Government.

A singing practice room business operator shall not sell or provide alcoholic beverages to customers.

Nevertheless, on April 17, 2017, the Defendant sold cans 8 cans to 32,000 won to three customers who are not aware of the name that he had found in the above singing practice place at around 21:00.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a report on detection, and a photograph of alcoholic beverages;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 (Selection of Penalty) of the same Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the Defendant was sentenced to a fine by the fact that he provided alcoholic beverages in the instant singing practice place in 2013; the Defendant’s age, sex, environment, equity with sentencing cases in similar cases, etc. shall be determined the same amount of fine as the summary order in consideration of all the relevant conditions of sentencing.