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(영문) 전주지방법원 2017.01.11 2016고정924
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

A. The Defendant, who violated the Music Industry Promotion Act, is a person who operates the Full-Time C and D Sing Practice Center at Jeonju.

No singing practice room business operator shall sell or provide alcoholic beverages or arrange a loan for entertainment.

Nevertheless, on 00:44 on 09, 2016, the Defendant sold to E a set cans (355ml and alcohol 4.3%) four 20,000 won to E who had been found as a customer in the instant singing practice place.

B. The Defendant violated the Act on Promotion of the Music Industry: (a) had the above E, who was found to be a customer at the time of the foregoing “D’s singing practice hall”, had one female entertainment loan provide entertainment to the said E; and (b) received 30,000 won from the comments.

(c)

Around 00:10 on August 30, 2016, the Defendant violated the Music Industry Promotion Act sold a sum of KRW 60,000 (35ml, alcohol 4.3%) and KRW 60,000 to the F and four other customers, one room of “Ding practice place”.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. E’s written petition;

1. Egrehing a video CD or screen of a motion picture, on-site photographing photographs;

1. Application of Acts and subordinate statutes of each control report and investigation report;

1. Selection of fines for negligence under Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (a point of sale and provision of each alcoholic beverage) and 22 (2) and 22 (1) 4 of the same Act (a point of employment and good offices for entertainment loans) of the same Act concerning facts constituting a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is that the crime of each of the crimes of this case in which the defendant arranged to singing and sold alcoholic beverages is light

Although there is no criminal record of the defendant, it is against the fact that the defendant does not have a criminal record of the same kind, and the age, sex and crime of the defendant are committed.

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