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(영문) 전주지방법원 2018.01.31 2017고단1090

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 room business in the United States of the United States of the United States in the United States of the United States.

No singing practice room business operator shall sell or provide alcoholic beverages.

Nevertheless, the Defendant neglected to exercise due care and supervision over the duties of E, who is an employee of the above singing practice place, and sold to two persons, such as F, etc., who were found to be a customer in the above singing practice place A around February 3, 2017 with respect to the duties of the Defendant, at around 22:50, the Defendant sold 3 bottles to 40,000 won, along with the owner.

Summary of Evidence

1. Each legal statement of witness G and F;

1. Partial statement of witness E;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecution against E;

1. 112 report;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 35, Article 34 (3) 2, and Article 22 (1) 3 of the Act on the Promotion of Music Industry concerning facts constituting an offense;

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the Defendant’s assertion is that: (a) the Defendant’s “D” singing shop (hereinafter “D”) operated by the Defendant’s mother H was placed in this location; (b) the alcoholic beverages sold at the “D” shop were mistakenly brought in to the instant singing practice room; and (c) as indicated in the facts charged, there was no fact that the Defendant sold the alcoholic beverages while operating the instant singing practice room.

2. The following circumstances revealed by the evidence duly adopted and examined by this court: (i) the Defendant is a business establishment in which the Defendant’s mother H is actually operating; and (ii) the Defendant is operating a “D” singing shop located next to the Defendant. However, both the instant singing practice place and the instant singing practice place are the Defendant.