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(영문) 대전지방법원 2017.01.20 2016고정1384
음악산업진흥에관한법률위반
Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall in the name of "C" on the Daejeon Pungdong B and the first underground floor.

No singing practice room business operator shall sell or provide alcoholic beverages.

Nevertheless, at around 22:10 on May 26, 2016, the Defendant sold cans to customers with no name in 34,000 won, such as cans and six cans (4,000 won per disease), and one cans (10,000 won per house) per drinking (10,000 won).

Accordingly, the Defendant violated the code of practice of singing practice providers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to copies of on-site photographs, singing practice place business registration certificates, and reports on control of public morals places;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is not significant in quantity and value of alcoholic beverages sold by the defendant for the reason of sentencing, the defendant has been punished twice as the same kind of crime, and the defendant appears to have raised his child by neglect after divorce, and the economic situation is not clear, and other circumstances constituting conditions for sentencing as indicated in the records and arguments, including the defendant's age, sex, occupation, etc., shall be comprehensively taken into account.

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