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(영문) 부산지방법원 2016.07.21 2016고단1612

음악산업진흥에관한법률위반

Text

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

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

Reasons

Punishment of the crime

The defendant of "2016 High Order 1612" is a person who operates a singing practice hall with the trade name "Ding practice hall" located in Seo-gu Busan Metropolitan City.

1. No person who operates a singing practice hall shall sell alcoholic beverages;

Nevertheless, at around 21:00 on December 18, 2015, the Defendant sold alcoholic beverages worth KRW 50,000,000, to customers E (43 Does) at the six rooms of the above singing practice room on December 18, 2015.

2. No person who operates a singing practice hall shall employ any entertainment loan or arrange any other person to do so;

Nevertheless, the Defendant, at the same time as the preceding paragraph, arranged a loan by allowing a person F (n, 43 years of age) to drink with drinking or singing together with the above E (43 years of age) which is a guest in the above six room.

No music practice business operator of "2016 Highest 3072" shall provide alcoholic beverages.

Nevertheless, around 22:00 on March 3, 2016, the Defendant provided three congested customers with three confluences in name in the “Ding practice place” located in Seo-gu Busan, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on detection and control of each business establishment in violation of regulations;

1. Application of Acts and subordinate statutes concerning Dominos photographs and field photographs;

1. Article 34 (2) and (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 and 4 of the same Act concerning facts constituting an offense, the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;