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전주지방법원 2016.07.22 2016고정435
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant shall not sell or provide alcoholic beverages, or arrange for a loan for delivery, as a singing practice room business operator who operates a singing practice hall in the city of Jeonju.

Nevertheless, on January 20, 2016, the Defendant: (a) received KRW 15,00 from D who is a customer in the instant singing practice place; (b) sold 15,00 won to three beer cans and three beer, and (c) provided that upon receiving a request to provide a contact loan from D, the Defendant provided a contact loan with the name in which he/she received KRW 25,000 and provided a contact loan with the customer, and provided the customer with an entertainment service to drink with the customer, or provide the customer with an entertainment service by singing or dancing.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. Report on the control of public morals establishments (violation of the Music Industry Promotion Act -C Sing practice place);

1. Application of the Acts and subordinate statutes to report on investigation (to attach an output of a photographer);

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34 (2), 22 (1) 4 (the occupation of arranging a loan and of fine) concerning facts constituting an offense, and Articles 34 (3) 2 and 22 (1) 3 (the occupation of alcoholic beverage sales and the choice of fine) of the Music Industry Promotion Act;

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. There is a record that the defendant has been punished for a fine once for the same kind of crime, due to unfavorable circumstances in the sentencing of Article 334(1) of the Criminal Procedure Act, which is disadvantageous to the grounds for sentencing of the provisional payment order.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, that the defendant has no record of punishment since 2005, and that there is no record of punishment exceeding the fine.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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