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(영문) 창원지방법원 마산지원 2013.10.15 2013고정463
음악산업진흥에관한법률위반
Text

Defendants shall be punished by a fine of KRW 700,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a person who operates a “EM practice room” located in Changwon-si Mhap-si D, and Defendant B is an employee who is in charge of the business of extension of the above singing as a wife of the de facto marriage of Defendant A.

Defendant

No karaoke machine business operator shall sell or provide any alcoholic beverage.

Nevertheless, at around 22:40 on March 6, 2013, the Defendant sold to customers F alcoholic beverages a liquor in the instant singing practice room.

B. Defendant A, who is an employee of the Defendant, had the Defendant commit such an offense as above in relation to his business in a singing practice room as provided in the above paragraph (a).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the F and G respective Acts and subordinate statutes;

1. Article 35, Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act; Selection of a fine (i.e., confession, reflectivity, and the fact that there is no previous case): Defendant B; Selection of a fine (see, e.g., Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act; Selection of a fine (see, e.g., confession, reflectivity, and the first offense)

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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