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(영문) 전주지방법원 2017.05.19 2017고합21
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant may not sell or provide alcoholic beverages as a singing practiceman running "D" in Jeonju-si C.

Nevertheless, at around June 28, 2016, the Defendant sold and provided two male customers with no name, two female customers, two female customers with no name, one male customers in the second room, one male customer with no name, two male customers, one female customers with no name, and one male customer with no name, and one male customer with no name in the sixth room, one male customer with no name, one male customer with no name in the sixth room, and four female customers with no name in the sixth room.

Summary of Evidence

1. Field control photographs;

1. Letters;

1. Application of Acts and subordinate statutes to each investigation report (the submission of CCTV screen, such as unsatisfy writing, field photographs, etc.);

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 (Selection of Penalty) of the same Act concerning facts constituting an offense;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that the defendant did not sell alcoholic beverages to customers, and that customers impliedly admitted to bring in alcoholic beverages and provided alcoholic beverages to customers.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court: ① Police Officers E and F, who controlled sales of alcoholic beverages in a singing practice room operated by the Defendant, stated that “I would like to receive a written statement against customers, and that I would not have to ask customers when you want to sell alcoholic beverages. However, customers began to prepare a written observation after leaving the place of business and after leaving the place of business, and refused to prepare a written statement by requesting the handling of the case as they carried in, and refusing to prepare a written statement.” The written statement by the Defendant is supported by the Defendant’s suspended statement, ② The Defendant is able to provide the customers with alcohol.

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