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(영문) 대구지방법원 2016.08.12 2016고정1381
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant of "2016 High 1381" is a person who operates a Cuding practice hall in Daegu-gu B.

A singing practice room business operator shall not sell or provide alcoholic beverages at the relevant place of business.

On May 18, 2016, the Defendant sold at least 30,000,00 customers (D) and one other relevant witness in a singing practice room located in Daegu-gu Seoul-gu, Daegu-gu, Daegu-gu, 22:20.

The defendant of "2016 High 1382" is a person who operates a singing practice hall with the trade name "Creing practice hall" from the 1st underground of Daegu-gu B, Daegu-gu, and is registered with the head of the Daegu-gu office.

A person who operates a singing practice place business shall not sell or offer alcoholic beverages at the place of business.

Nevertheless, on May 9, 2016, at around 22:22 on May 9, 2016, the Defendant received 5,000 won per man to 3 customers E and sold alcoholic beverages equivalent to 10,000 won in total.

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

Summary of Evidence

"2016 High 1381"

1. Statement by the defendant in court;

1. Written statements of D;

1. Card image, each on-site photograph, and the certificate of registration for the singing practice place business, "2016 Highest 1382";

1. Statement by the defendant in court;

1. E statements;

1. Certificates of alcoholic beverages sold on the spot;

1. Application of Acts and subordinate statutes to registration certificates for singing practice place business;

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 and the selection of fines, respectively;

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;

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