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(영문) 서울북부지방법원 2018.06.04 2018고정699
음악산업진흥에관한법률위반
Text

Defendant

B shall be punished by a fine of 1.5 million won.

If the above defendant does not pay the fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

B is a person who operates a singing practice hall with the trade name "D" in Gangnam-gu Seoul Metropolitan Government, and the defendant A is an employee in the above singing practice place.

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

1. On February 5, 2018, Defendant A sold three cans, which are alcoholic beverages, to two male customers, who find a place in the instant singing practice place at around 21:00.

2. Defendant B, an employee of the Defendant, sold cans, which are alcoholic beverages, at the same time and place as above, to the Defendant’s duties.

Summary of Evidence

1. Defendants’ legal statement

1. A copy of the registration certificate of the distributor;

1. Business places in violation of the Act (D);

1. Investigative reports (Attachment of site photographs at the time of detection);

1. Application of Acts and subordinate statutes to field photographs at the time of detection;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 (Selection of a punishment) of the Act on the Promotion of Music Industry Defendant B: Articles 35, 34 (3) 2, and 22 (1) 3 (Selection of a punishment): Article 35 of the Music Industry Promotion Act and Article 22 (1) 3 (Selection of a punishment) of the Act;

1. The criminal defendant A to be suspended from sentence: Fines of 500,000 won;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day for Defendant A) to attract a workhouse;

1. Defendant A of suspended sentence: Article 59 (1) of the Criminal Act (Consideration of Defendant B and married couple, etc.);

1. Defendant B of the provisional payment order: Article 334(1) of the Criminal Procedure Act;

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