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(영문) 대전지방법원 2014.03.12 2013고정2115
음악산업진흥에관한법률위반
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room located in Seo-gu Daejeon, Seo-gu.

At around 21:00-24:00 on July 17, 2013, the Defendant sold three bottles, which are alcoholic beverages, to three customers, such as D, at the instant singing practice room, together with one alcoholic beverage, and arranged the employment of entertainment by having three persons under his name, participate in entertainment with singing and dancing while drinking with the above D, and two persons under his name, return to the house, sell the above D one bottle, which is alcoholic beverage, together with one alcoholic beverage, and let them drink alcoholic beverage with the above D and enter into entertainment and dancing, and arrange to provide entertainment by allowing them to provide entertainment with music and dancing.

Summary of Evidence

1. Statements made by the criminal defendant in the first protocol of the trial, which fit for such statement;

1. A statement made by the witness D in compliance with this Act in this court;

1. Statements made by the assistant judicial police officer in relation to D and E, which fit for them;

1. Any statement made in conformity with D's written statements;

1. Any statement corresponding thereto in the report on public morals and control of place of business prepared by the assistant judicial police officer;

1. Copy of registration certificate of singing practice room;

1. Application of the Acts and subordinate statutes governing credit cancellation slips;

1. Article 34 (3) 2 of the relevant Act and Articles 22 (1) 3 of the Music Industry Promotion Act concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (which means the sales or provision of alcoholic beverages, the selection of fines), and Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (which means the brokerage of employment for adjacent loans

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes stipulated in the Music Industry Promotion Act due to heavy loan employment arrangement)

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant has been punished for the same crime even before, and the defendant has made a request to the customer for false statements.

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