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(영문) 광주지방법원 순천지원 2017.09.08 2017고정236
음악산업진흥에관한법률위반
Text

Defendant

A fine of KRW 3,00,000 shall be punished.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a “Creing practice hall” at all times in B.

Around January 10, 2017, the Defendant was prohibited from selling, offering, or arranging for a loan of alcoholic beverages as a singing practice room business operator, but around 22:30 on January 10, 2017, the Defendant sold 10 to 33,000 to 4 customers under his/her name in the singing practice room, and had D, E, and F receive 30,000 won per hour and drink with customers, and let them drink and drink with customers.

Accordingly, the Defendant sold alcoholic beverages in violation of the code of practice as a singing practice room business operator and arranged a loan for entertainment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in the protocol of interrogation of suspects of the police to D, E, or F;

1. Relevant Article 34(2), Article 22(1)4, Article 34(3)2, and Article 22(1)3, and Article 22(1)3 of the Music Industry Promotion Act concerning criminal facts, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the defendant with reasons for the sentencing of the same kind of fine shall be five times, taking into comprehensive account the following circumstances: the defendant’s age, sex, family relation, environment, circumstances and result of the crime, and the circumstances after the crime, etc., as indicated in the instant argument, shall be determined as ordered by the Criminal Procedure Act.

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