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(영문) 서울동부지방법원 2017.12.19 2017고정1546
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall with the trade name “C Sing practice hall” on the first floor of Gangdong-gu Seoul, Gangdong-gu, Seoul, and D (n, 46 years of age). The Defendant is an employee of the above singing practice hall.

No singing practice room business operator shall sell or provide alcoholic beverages at his/her place of business.

Nevertheless, D around August 1, 2017, around 21:30, sold three cans to D (39 taxes) who are customers, at around 2,000 won.

Accordingly, the defendant, who is an employee, violated the obligation of the singing practice provider by committing the above violations in relation to the defendant's business.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning suspect interrogation protocol concerning D;

1. Relevant Article of the Act on the Promotion of Music Industry and Selection of Punishment for Criminal Facts; Articles 35, 34 (3) 2 and 22 (1) 3 of the Act on the Promotion of Music Industry; Selection of fines;

1. The sentencing conditions indicated in the public trial of this case, such as the defendant's age, shall be determined as ordered by taking into account the following factors: (a) there are multiple records of criminal punishment to the defendant for the reasons of sentencing under Articles 70(1) and 69(2) of the Criminal Act; (b) the quantity of alcoholic beverages sold is not large; and (c) the punishment is determined as ordered by the court

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