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(영문) 창원지방법원 2019.02.15 2018고단3319
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a karaoke machine business operator who operates “C” in Kimhae-si B.

Any karaoke machine business operator shall be prohibited from selling or offering any alcoholic beverage.

Nevertheless, at around 00:30 on November 7, 2018, the Defendant sold 10 bottles in total amounting to 40,000 won to D, a customer, at the above singing practice room 3 room.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes governing enforcement site photographs;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant committed a second offense without being aware of the past five times of having been punished for the same offense.

However, the defendant reflects his fault in depth.

There is little difference in the sales price of alcoholic beverages.

The previous department of this case was fully punished by a fine, and the last five years or less is only two.

There have been no criminal records of suspended execution.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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