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(영문) 서울남부지방법원 2013.08.12 2013고정1169

음악산업진흥에관한법률위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room with the trade name "C" on the first floor of Yeongdeungpo-gu Seoul Metropolitan Government, and a person who operates a singing practice room shall not sell or provide alcoholic beverages in the place of business.

Nevertheless, at around 00:30 on April 26, 2012, the Defendant sold five cans and five diseases to customers D (ma and 40 years of age) and violated the rules of practice room business operators.

Summary of Evidence

1. Each legal statement of witness E and D;

1. Statement made to D by the police;

1. Written statements of D;

1. Control note;

1. A certificate of registration of karaoke machine business;

1. Application of the photographic Acts and subordinate statutes;

1. Article 34 (3) 2 of the Act on the Promotion of Music Industry and the Selection of Punishment for Crimes and Article 22 (1) 3 of the Act on the Promotion of Music Industry;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that at the time of determination of the Defendant’s assertion, only sold low alcohol beer that can be legally sold in singing rooms to customers D, and that there was no fact of selling caners of alcohol ingredients. However, according to D’s police statement after control and the police officer’s control note, the Defendant’s assertion that he sold caners, which are alcoholic beverages, is sufficiently recognized. Thus, the Defendant’s assertion is rejected.