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(영문) 수원지방법원 2017.01.12 2016고정3036
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

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

Nevertheless, on August 25, 2016, the Defendant, at around 23:10 on August 25, 2016, ordered employees B to sell and provide three customers, including customers E, with 12 cans (per cans KRW 4,000) in the unique 2 rooms of Suwon-si C and three stories, thereby violating the code of practice of a singing practice hall operator.

2. No music practice room business operator shall arrange a loan for entertainment;

Nevertheless, as the defendant demanded that the time, place, customer E, etc. be able to stimulate, the defendant would receive 30,000 won per hour from the 2 guest rooms, such as F, G, and H, and would arrange to provide entertainment by drinking together with the customers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer concerning B, F, G, and H;

1. A E-document;

1. Photographs of the business place;

1. Application of Acts and subordinate statutes governing custody of alcoholic beverages;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act (a sales of alcoholic beverages), and Article 22 (1) 4 (a) of the same Act concerning facts constituting an offense; the selection of fines;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant's recognition of each of the crimes of this case, and the defendant's family relation, environment, and the circumstances leading to each of the crimes of this case shall be comprehensively taken into account, and all of the sentencing conditions indicated in the records and the theory of changes shall be determined as ordered.

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