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(영문) 대전지방법원 2019.07.19 2019고정598
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

The Defendant is a person who runs a singing practice room with a trade name called “Cing practice room” in Daejeon Pung-gu B.

No karaoke machine business operator shall sell or provide any alcoholic beverage.

Nevertheless, at around 21:30 on February 1, 2019, the Defendant sold 21,000 won in total to two customers who are not aware of their names, a small liquor, one can cans, four cans, four cans, and four cans, which are alcoholic beverages.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the arrest of the occurrence of the case, a report on investigation, a report on 112, a statement of control, and a written statement of offender;

1. Application of the statutes governing the registration certificate of field photographs and singing practice room business;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Imprisonment for a period of one to two years, or a fine not exceeding twenty million won;

2. Summary order and the opinion of oral sentence of the public prosecutor: Fines of 2,000,000 won.

3. Determination of sentence: a fine of 2,000,000 won is divided in depth by the defendant, economic situation is difficult, and the defendant supports his own children, etc., which is obvious in social ties.

However, the crime of this case is not that of the defendant's sales of alcoholic beverages in a singing practice room, and the liability for the crime of this case is minor.

In particular, even though the defendant had been punished several times for the same crime, it is highly likely that the defendant will be subject to criticism by committing the crime of this case.

In addition, the defendant shall be sentenced to a fine identical to a summary order, taking into account the various circumstances that are the conditions for sentencing specified in the argument of the case, such as the defendant's age, character and behavior and environment

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