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(영문) 대구지방법원 서부지원 2013.04.17 2012고정1795
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a business owner who has registered with the head of Seogu Seo-gu, Seo-gu, Singing practice room.

Any person who runs a singing practice room business shall be prohibited from selling or offering alcoholic beverages at his place of business.

Nevertheless, at around 22:00 on September 19, 2012, the Defendant sold and provided 3 bottles (45,000 won) to C and 11 other than C, who had been a guest to the said business.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C;

1. Written statements prepared in D;

1. Sales slips;

1. Application of statutes on site photographs;

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

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

1. The criminal records of the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act are three times with the same criminal records of the defendant, and the punishment of a fine of one million won in 2008, a fine of one million won in 2009, a fine of 2.5 million won in 2009, a fine of two million won in 2010, once again repeats the above crime, equity with many precedents of sentencing in the same case, etc. shall be taken into account: Provided, That the defendant's health is very poor, and the defendant's difficult economic situation is determined as per the order.

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