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(영문) 수원지방법원 2020.10.15 2020고정1142
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with a trade name, “C singing practice room,” from the main population B and the underground level.

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

Nevertheless, around 20:20 on February 16, 2020, the Defendant sold and provided 10 cans, 10 cans, 2-bes, and bals, to one customer D, and one other, and violated the obligations of the karaoke machine business operator.

2. No karaoke machine business operator shall employ nor arrange a vaccination loan;

Nevertheless, the Defendant received a demand from the above D and one other at the date, time, and place mentioned in the above Paragraph (1), and had two females on the name of the deceased, who are named in the name of the deceased, drink and singing together with the above D and one other, and arranged for the loan by receiving money in the market price per hour from the above customers and paying to the deceased.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Reports on internal investigation (Submission of a written statement of reference);

1. Application of simplified receipts, on-site photographs statutes;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sale of alcoholic beverages), Articles 34 (2) and 22 (1) 4 (the point of referral of entertainment activities) of the Music Industry Promotion Act concerning facts constituting an offense, the choice of fines for negligence, and the selection of fines for negligence;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order has a record of being punished for the same crime

However, the defendant recognizes all errors in this court and reflects them, and the age, character and conduct, health condition, environment, motive, means and result of the crime of the defendant.

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