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(영문) 인천지방법원 2020.05.15 2020고정20
음악산업진흥에관한법률위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room with the trade name of "C" in Bupyeong-gu Incheon Metropolitan City.

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

Nevertheless, at around 22:30 on September 18, 2019, the Defendant sold two cans of 8,000 won in total as alcoholic beverages to the customers of the said singing practice room.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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 criminal intent of Article 334(1) of the Criminal Procedure Act, which is disadvantageous to the reason for sentencing of Article 334(1) of the Provisional Payment Order, is bad, such as making a false statement to the effect that the defendant was able to conceal alcoholic beverages and committed the crime of this case.

The amount of alcoholic beverages sold in favor of others or the profit gained by the crime of this case is not high.

The Defendant had no record of punishment before committing the instant crime.

It shows the attitude to recognize and reflect crimes.

In addition, the punishment as ordered shall be determined in consideration of the age, character, conduct and environment of the defendant, motive, means and result of the crime, the circumstances after the crime was committed, etc.

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