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(영문) 대전지방법원 공주지원 2015.05.15 2014고정175

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any karaoke machine business operator shall be prohibited from selling or offering any alcoholic beverage.

Nevertheless, around 22:50 on September 28, 2014, the Defendant sold two cans, beer, and beer, to D, a liquor, two alcoholic beverages, and 24,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. D's self-written statements;

1. A report on control of the place of business, and an explanatory note;

1. A certified copy of a karaoke machine business registration certificate or business registration certificate;

1. Application of Acts and subordinate statutes on site photographs

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the Defendant had a record of criminal punishment of fines for the same kind of crime two times, and even six days prior to the enforcement of the instant crime, E was in a situation where the police investigation is being conducted by interfering with business due to interference with singing practice.

Nevertheless, given that the Defendant again committed the instant crime, criminal punishment above a certain level is inevitable.

It is so decided as per Disposition by comprehensively taking into account the above circumstances and the defendant's confessions and reflects on the crime of this case, the circumstances of the crime, the degree of contribution to the investigation of the defendant in the above obstruction of business, etc.