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(영문) 서울중앙지방법원 2014.08.18 2014고정3301
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant operates a singing practice room with the trade name of "Cking practice room" on the first basement in Seocho-gu Seoul Metropolitan Government.

No karaoke machine business operator shall sell or provide alcoholic beverages to customers.

Nevertheless, around 01:05 on June 8, 2014, the Defendant violated the rules of practice room business operators by selling 4 cans cans which are alcoholic beverages to male customers who are unable to know their names in the above singing practice room 8 room, and selling them to 16,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Corer photographs, photographs of beer, on-site photographs of beer in singing, and three singing photographs;

1. Application of statutes governing registration certificates of karaoke machine business;

1. Article 34 (3) 2 of the Act on the Promotion of Music Industry and the Selection of Punishment for Criminal Facts and Article 22 (1) 3 of the Act on the Promotion of the Music Industry;

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 does not include the following: (a) the Defendant violated the rules by selling alcoholic beverages to customers; (b) not actively selling alcoholic beverages owned by himself/herself; and (c) providing alcoholic beverages to customers at nearby convenience stores upon their request; and (d) taking into account the circumstances.

It is also a favorable circumstance that the defendant has no past record of criminal punishment.

The punishment shall be determined in consideration of the size and operation period of the singing practice room of this case, the quantity of alcoholic beverages sold by the defendant, the sentencing of the same kind of case, etc.

It is so decided as per Disposition for the above reasons.

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