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(영문) 의정부지방법원 2017.06.15 2016고정1209
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 is a person who operates the “Dud practice hall” of the second floor of the building in Spocheon-si.

No person who operates a singing practice room shall sell or provide alcoholic beverages to customers, provide them with entertainment with singing or dancing, or hire or arrange any entertainment service for other persons to provide them with entertainment services.

Nevertheless, on December 26, 2015, the Defendant: (a) visited E as a customer in the instant singing practice room at around 21:30 on December 26, 2015; and (b) sold the cans to be 6 cans of beer, in an irregular amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of an administrative disposition on control of a public morals establishment, a report on control of a public morals establishment, and field photographs;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 34(3)2 and Article 22(1)3 of the former Music Industry Promotion Act (amended by Act No. 14082, Mar. 22, 2016); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and reflected his mistake is recognized as favorable circumstances to the defendant.

However, in light of the contents and methods of the crime, the legislative intent of the Music Industry Promotion Act, etc., the crime of this case where the defendant operated a singing practice room and sold alcoholic beverages to customers, the crime of this case where the defendant had been punished several times due to the same and similar crimes, the balance of general punishment in the same and similar cases, and the defendant's age, sexual conduct, intelligence and environment, motive, circumstance, means and consequence of the crime of this case, the circumstances after the crime of this case, criminal records, family relations, and economic circumstances, etc., shall be determined as per the disposition.

Part of innocence 1.

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