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(영문) 인천지방법원 2019.07.26 2019고정1329
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

B is the business owner of "Ding practice room" located in Yeonsu-gu Incheon Metropolitan City, and the defendant is the relative of B, who is an employee in charge of the business of the above King practice room.

No karaoke machine business operator, his/her agent, employee, employee, etc. shall sell or provide any alcoholic beverage.

On July 26, 2019, the prosecutor stated that “the defendant is an employee of the above establishment. The singing practice room business operator shall not sell or provide alcoholic beverages. The defendant is an employee who is in charge of the business of the above singing practice room as a relative B. The singing practice room business operator, his agent, employee, etc. shall not sell or provide alcoholic beverages.” The defendant applied for changes in the indictment with the purport that “The defendant shall not sell or provide alcoholic beverages.” The defendant stated that there is no objection to the indictment. This court held that the identity of the facts charged is not undermined.

Nevertheless, at around 22:50 on April 3, 2019, the Defendant sold to two customers, such as E, who had been in the said singing practice room, three cans for cans, which are alcoholic beverages, to 13,000 won as first, and sold to two customers, such as F, etc., who have been in the room for 2,00 won, four cans for cans for alcoholic beverages to 12,00 won, and sold to four customers, such as G, etc., who have been in the room for 3 rooms, for five cans for cans for alcoholic beverages, and first sold one disease for 19,000 won as first, and violated the obligations of the singing practice room business operator.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Business registration certificate, singing practice room business registration certificate;

1. Application of Acts and subordinate statutes governing sales of alcoholic beverages;

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 and Article 34 (3) 2 of the same Act concerning the selection of punishment (generally, a fine shall be selected);

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 is to recognize the crime of this case, and to reflect it.

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