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(영문) 서울북부지방법원 2014.08.21 2014고단1970
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Every karaoke machine business operator shall be prohibited from selling alcoholic beverages to customers;

Nevertheless, the Defendant sold alcoholic beverages to customers in a singing practice room four times as follows.

On February 24, 2014, around 23:10 on February 24, 2014, the Defendant provided three cans and three cans to three customers, such as D, in the “C” singing practice room run by the Defendant in the second floor of Gangnam-gu Seoul Northern District B.

B. At around 11:10 on the same day, the Defendant provided 5 canns to two customers, such as E, at the instant “C” singing practice room.

C. Around 00:00 on March 13, 2014, the Defendant provided two members of the instant singing practice room, including F, etc., a customer, with only one disease, two beer, and two beer.

On April 11, 2014, at around 22:30, the Defendant provided two-way disease at the “G” singing practice room operated by the Defendant on the third floor of the Gangnam-gu Seoul Northern District B, and to two-way customers, including H.

2. No karaoke machine business operator shall arrange a loan to customers;

Nevertheless, the defendant, however, assisted the customer by having the customer drink drinking together with drinking and singing together two times as follows, and arranged the customer loan.

On February 24, 2014, the Defendant: (a) around 23:10 on February 24, 2014, at the instant “C” singing practice room, the Defendant had I, J, and K drink alcoholic beverages together with the said D, etc.

B. On April 11, 2014, the Defendant: (a) around 22:30 on April 11, 201, instructed the Defendant to drink with the said H, etc. in the instant “G” singing practice room; (b) let L and M drink drink with the said H, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding L;

1. Each statement of E, H, N, I, J, K, L and M;

1. Application of Acts and subordinate statutes to photographs at the time of crackdown;

1. Article 34 (2), (3) 2, and Article 22 (1) 3 and 4 of the Music Industry Promotion Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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