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(영문) 대구지방법원 김천지원 2018.01.25 2017고단1090
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant operated a singing practice hall with the trade name “D Sing practice hall” in the old and American city.

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

Nevertheless, on March 20, 2017, the Defendant offered alcoholic beverages to E and F by selling 30,000 square meters in total to E and F, which had been found as customers in the instant singing practice room.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G and partial statement of witness E;

1. Each statement of E and F;

1. The application of investigation reports (on-site circumstances, words and actions of singing practice, singing customers' statements, field photographs), receipts, investigation reports (as to H Mart), and the application of Acts and subordinate statutes to Acts and subordinate statutes on CCTV image image data;

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

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument E had alcoholic beverages carried out in a singing line, and the Defendant did not provide alcoholic beverages to E and F.

2. In light of the following circumstances admitted by the evidence of the judgment, each of the E and F statements is reliable, and the Defendant’s assertion is difficult to accept.

A. The Defendant provided E, etc. with intangible alcohol beer in a physical disease

However, there was E, etc. at the time of enforcement.

In the singing room 2, there were 2 bottles (1,000ml Picks) in addition to physical diseases in the singing room 2.

B. The Defendant submitted to the police officer a receipt that sold beer and beer, etc. to E, etc.

The defendant has been punished by providing alcoholic beverages to customers several times of singing, and at the time of crackdown, the police has "three persons of eating, and it is difficult to kill."

At this time, the permission has been revoked.

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