beta
(영문) 서울북부지방법원 2017.12.21 2017고정1756

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall in the name of “C Sing practice hall” on the first floor of Gangnam-gu Seoul Metropolitan Government.

Although a singing practice room business operator does not sell or provide alcoholic beverages, the Defendant sold a total of KRW 100,000 won of cans, which are alcoholic beverages to D, customers, at around 20:30 on June 27, 2017, such as cans, 5 cans, 2 sicks, and softs, which are alcoholic beverages to D, customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on occurrence (or provision of alcoholic beverages in violation of the Music Industry Promotion Act);

1. Application of Acts and subordinate statutes governing a certificate of registration for singing practice;

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;