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(영문) 대전지방법원 2014.07.23 2014고정559

음악산업진흥에관한법률위반

Text

1. The Defendants shall be punished by a fine of KRW 700,000.

2. The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendant

B is a person who operates a singing practice room with the trade name of “E-sing practice room” in Seo-gu Daejeon, Seo-gu, Daejeon, and Defendant A is a husband of the above B to assist in the operation of the said singing practice room.

1. No defendant A may sell or provide any alcoholic beverage;

Nevertheless, at around 20:00 on November 16, 2013, the Defendant sold and provided two persons, such as the F, etc., who served as customers in the above singing practice room No. 2 room, a small liquor, and a caner.

2. At the same date, time, and place as Defendant B’s above 1. A, an employee of the Defendant, committed the above violation in relation to the Defendant’s duties.

Summary of Evidence

1. Each legal statement of witness F and G (the fact that the main parts of the statements made by the witnesses are consistent and specific, and that the witness's statements are reliable;

1. The statement of each police officer made to F and G;

1. A written statement of F and G;

1. Application of the Act and subordinate statutes in part (7 pages of investigation records) other than G or F statement in the investigation report;

1. Article 34 (3) 2 and Article 22 (1) 3 (Selection of Fine) of the Music Industry Promotion Act (Selection of Fine): Defendant B: Articles 35, 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (Selection of Fine);

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order asserts that the Defendants’ assertion on the assertion by the Defendants under Article 334(1) of the Criminal Procedure Act is that the sale at the time is an unpaid carbon beverage and that there is no timely offer of alcoholic beverages.

① Defendant B, on the day of the instant case, stated to the police that the charge was KRW 29,00 (i.e., one-hour fee of KRW 20,000,000 for the similar beverage of KRW 4,000 for the service of KRW 30,000 for the similar beverage of KRW 4,000 for each hour) and again stated to the customer that the customer would have to receive the fee of KRW 25,00 for the service of KRW 25,00 for each hour (i.e., one-hour similar beverage of KRW 20,00 for each hour).