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(영문) 부산지방법원 2017.04.20 2017고정131
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The defendant is a person who operates a singing practice room business in the name of "Csing practice hall" on the second floor of Busan House B and building.

A singing practice room business operator is prohibited from selling or providing alcoholic beverages, but the defendant, on September 5, 2016, provided two kinds of alcoholic beverages to two customers, including D, who had been customers in the above singing practice place, on September 5, 2016, and violated the code of practice of the singing practice room business operator.

Summary of Evidence

1. Part of the protocol concerning the examination of suspect by the prosecution against the defendant or D;

1. A certificate of a person;

1. Application of Acts and subordinate statutes to a report on detection, on-site photographs (11th of investigation records), and a certificate of registration in a singing practice room;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 (Selection of Penalty) of the same Act concerning facts constituting an offense;

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

1. The defendant guilty of Article 334(1) of the Criminal Procedure Act asserts that he did not sell alcoholic beverages in singing rooms as stated in its reasoning, and the exposed bottles, etc. were brought into Korea by customers.

We examine this.

According to the evidence duly adopted and investigated by this court, the police officers conducted a singing practice room business within the jurisdiction of the police officers, and the Defendant revealed that two customers are placed in the singing room on the three tables of the defendant's operation, and the rest of the rest of the rest of the rest of the rest of the rest of the rest of the rest of the rest of the rest of the rest.

At the time of detection, the Defendant drafted a letter to the effect that “I would have provided two beer only if I would have to provide alcoholic beverages.”

However, the defendant asserts that the above person in the police investigation process was prepared differently from the facts according to the instructions of the police officer, and that he was a guest of three times at the time of detection.

D W W Written Statements were submitted.

However, the defendant has already been punished by a fine not only six times for the same type of violation.

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