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(영문) 의정부지방법원 2018.01.18 2017고정2252
음악산업진흥에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant has served as an employee (the head of the management office) at the ‘C Sing Practice Center' on B 7th floor at his/her own Government, and D is a person who operates the above Sing Practice Center.

A singing practice room business operator shall not sell or provide alcoholic beverages to customers.

On May 15, 2017, the Defendant sold alcoholic beverages after receiving KRW 4,000 per cans and per week per small liquor to customers who found the said singing practice place.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the suspect examination protocol, report on internal investigation with respect to D, transcript of the certificate of registration in the singing practice place, and a copy of the business registration certificate with respect to D;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Act on the Promotion of Music Industry and Selection of Punishment for Criminal Facts; Articles 35, 34 (3) 2 and 22 (1) 3 of the Act on the Promotion of Music Industry; Selection of fines;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and reflects his mistake, and that there is no record of criminal punishment, etc. are recognized as favorable to the defendant.

However, in light of the content and method of the crime, the legislative intent of the Music Industry Promotion Act, etc., the crime of this case where the defendant, who served as the chief manager of the singing practice room and sold alcoholic beverages to customers, is not less than the nature of the crime in light of the legislative intent of the Act on the Promotion of Music Industry, etc., the general amount of punishment in the same and similar cases, and the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime of this case, the motive, means and consequence of the crime of this case, the circumstances after the crime of this case, criminal records, family relations, economic circumstances, etc. shall be determined as per the disposition.

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