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(영문) 서울남부지방법원 2019.05.22 2019고정334
음악산업진흥에관한법률위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “C” in Gangseo-gu Seoul Metropolitan Government B and Subdivision.

No sales practice room business operator of alcoholic beverages shall sell or provide any alcoholic beverage.

Nevertheless, at around 23:30 on July 6, 2018, the Defendant sold 8 cans cans, which are alcoholic beverages to 32,00 won to 2 customers D in the above singing practice room.

(b) No karaoke machine business operator shall employ nor arrange a vaccination loan;

Nevertheless, the Defendant received a demand from customers D, etc. at the time and place of the above paragraph (a) and arranged a contact loan by allowing E (V) who has satis to sit in with the said customer and drink and drink with the said customer.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2, 22 (1) 3 (a) and 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of sale of alcoholic beverages), and the selection of fines for negligence;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act recognize the defendant of the reason for sentencing of the provisional payment order and the fact that there is no past record of criminal punishment, the summary order shall be partially reduced and sentenced as ordered by the court.

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