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(영문) 수원지방법원 성남지원 2012.11.09 2012고정324
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a person who operates the F speech in Gwangju, and Defendant B is an employee of the above singing room.

1. On October 22, 201, Defendant B, at the above singing room around 23:30 on October 22, 201, sold two cans to customers G, who are customers, with two cans to be sold in KRW 6,000, and, upon receiving a demand from G to receive a loan for an entertainment, the Defendant assisted customers to engage in entertainment by having G and alcoholic beverages drink and singing.

2. The Defendant A, at the time and place specified in paragraph (1), sold alcoholic beverages to the Defendant’s business as stated in paragraph (1) by Co-Defendant B, who is an employee of the Defendant, and assisted the customer’s entertainment to commit an offense.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the police investigation of the defendant A;

1. A written complaint of G;

1. Application of Acts and subordinate statutes on video tapes;

1. Defendant A of the relevant criminal facts: the main sentence of Article 35, Articles 34 (3) 2, 22 (1) 3, 34 (4), and 22 (2) of the Music Industry Promotion Act; Articles 34 (3) 2, 22 (1) 3, 34 (4), and 22 (2) of the Music Industry Promotion Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.

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