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(영문) 광주지방법원 2013.06.27 2013고정991
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant operated a singing practice room with the trade name "Cing practice room" on the second floor of the building located in Gwangju Northern-gu B.

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

Nevertheless, at around 03:10 on April 6, 2013, the Defendant sold 30,000 won equivalent to the market price, such as 1.6 liters and 1.6 liters, to three customers D, who entered the room of the above business establishment on April 6, 2013.

2. No karaoke machine business operator shall employ nor arrange a vaccination loan;

Nevertheless, the Defendant received a demand from D to give a chance at the same date, time, and place as described in Paragraph 1, and arranged for a loan by allowing E, F, and G to enter the above room, allowing them to take a part in the room, and receiving service fees from the customers, and then providing them with helper.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of F, E, or G;

1. Application of Acts and subordinate statutes to any on-site photograph and report on control of public morals;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34 (3) 2, 22 (1) 3 (the point of sales of alcoholic beverages), 34 (2), and 22 (1) 4 (the point of brokerage of adjacent loans), and the selection of fines for a crime;

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

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act for the punishment of the defendant is that the defendant sold alcoholic beverages and arranged for a entertainment loan in violation of the code of practice as a karaoke machine business operator, and the defendant committed the crime of this case within the next short period despite the fact that the defendant had been punished twice by a fine due to the same kind of crime in the past, and repeated the crime of this case within the next short period. However, it seems that a strict punishment is required for the defendant, but the defendant is deeply divided and reflected in his mistake, and the defendant has no criminal record other than twice the above fine.

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