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(영문) 청주지방법원 2016.12.07 2016고단2192
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a karaoke machine business operator who runs a “Cinging machine” in the petition-gu B and 401.

No karaoke machine business operator shall sell or provide any alcoholic beverage.

Nevertheless, on June 30, 2016, from around 21:00 to 22:35, the Defendant sold 10 cans equivalent to KRW 40,00 to 40,00 among the above singing practice room three rooms, which are customers, D and five other.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Hearing reports on references;

1. Investigation report (12. Binding of a detailed statement for handling reported cases);

1. A report on the control of public morals;

1. Receipt of credit card;

1. Registration certificate of singing practice room business;

1. Application of the Acts and subordinate statutes to three singing practice rooms; and

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant committed the instant crime even though he/she had the record of being punished for the same kind of crime, and the fact that the defendant led to confession of the instant crime and reflects it is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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