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(영문) 서울동부지방법원 2018.05.08 2018고정317
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates the “Creing practice hall” on the first floor of Songpa-gu Seoul Metropolitan Government, Songpa-gu, and underground.

No singing practice room business operator shall sell or provide alcoholic beverages.

Nevertheless, on October 30, 2017, the Defendant sold to three male customers who are unable to know their names in the above singing practice place at around 22:30 on October 30, 2017 one man per week and ten man per week to 60,000, and sold five male customers who are unable to know their names to 15,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report;

1. Application of statutes, such as site photographs;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 of the same Act concerning criminal facts and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act, which has the history of criminal punishment against the defendant for the reason of sentencing of the same crime, and is subject to criminal punishment for the reason of running singing rooms as an entertainment store even before one-month period of the instant crime, taking into account the sentencing conditions specified in the instant trial, does not seem to exceed the amount of fine specified in the summary order even if taking into account the sentencing conditions specified in the instant trial.

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