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(영문) 수원지방법원 2017.11.09 2017고정1796
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall on the 3th floor of the eternity.

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

Nevertheless, the Defendant

1. On March 5, 2017, around 22:00, at the instant singing practice place, alcoholic beverages were provided to customers without a name (5,000 won per bottle), such as 2 bottles (5,00 won per bottle) and 5 cans (4,000 won per cans).

2. From around 22:00 on April 17, 2017, around 22:50 around 22:50, three male and female customers in the instant singing practice place sold cans, which are alcoholic beverages, nine cans (4,000 won per unit) to three male and female customers in the instant singing practice place.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to a report on internal investigation, report on investigation (in case of dispatch to the site, consolidation of cases), and notification of the results of crackdown on establishments violating the Music Industry Promotion Act (in case of dispatch to the site),

1. Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act (a point of sale of alcoholic beverages) concerning facts constituting an offense;

1. Selection of punishment: Selection of a fine;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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