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(영문) 대구지방법원 서부지원 2018.01.12 2017고정287
음악산업진흥에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall.

A singing practice room business operator shall not sell or provide alcoholic beverages to customers.

Nevertheless, around 21:00 on February 17, 2017, the 'C Singing practice hall' in Daegu Seo-gu B, Daegu Seo-gu, was sold to four customers, including D, in three times, the sum of KRW 100,000, including Sscing 2 Scing and Scing 10,000, and violated the obligations of the Sing practice hall.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. On-site photographs (the Defendant alleged that he sold alcoholic beverages to his employee even though he had not been present at the scene at the time of committing the instant crime and had talked to the effect that he would sell alcoholic beverages to his employee; however, in full view of the fact that the Defendant’s confession statement was made to the investigative agency, the Defendant’s singing and beer, and the remaining wre, etc. were kept in the Defendant’s singing and cooling machine, etc

Application of Statutes

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 of the same Act concerning facts constituting a crime, the selection of a fine, 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;

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