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(영문) 서울중앙지방법원 2018.11.22 2018고정2293
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall in the name of "C" at the Seoul Gwanak-gu Seoul Special Metropolitan City B and the second floor.

1. No music practice room business operator who violates the Music Industry Promotion Act shall employ a loan for entertainment;

Nevertheless, at around 01:30 on July 6, 2018, the Defendant received a request from customers D to get a member of the “singing room” room, and arranged for a loan by arranging a loan by allowing them to drink with drinking and singing together, and violated the rules of practice by allowing them to do so.

2. No music practice room business operator who violates the Music Industry Promotion Act shall sell or provide alcoholic beverages;

Nevertheless, the Defendant violated the code of practice by selling cans (CASS) 10 cans to D, which had been customers at the same time and place as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A report of investigation (related to the DNA currency of a witness);

1. Application of Acts and subordinate statutes, such as reporting on detection and field photographs;

1. Article 34 (2), Article 22 (1) 4 (a) of the Music Industry Promotion Act (a point of a entertainment loan brokerage), Article 34 (3) 2, and Article 22 (1) 3 (a) of the Act on the Promotion of Music Industry (a point of a liquor sales), each of the fines for negligence;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is against the defendant's recognition of facts charged, the fact that the defendant has many records of punishment for the same kind of crime, the business size seems not to be significant, and the defendant's age, sex, sex, environment, motive and consequence of the crime, and the circumstances after the crime, etc. shall be determined by comprehensively taking into account the various conditions of sentencing as shown in the argument of the case, such as the following.

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