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(영문) 대구지방법원상주지원 2020.12.16 2020고정71
음악산업진흥에관한법률위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with a trade name called “C” in literature-si B.

1. Any karaoke machine business operator who violates the Music Industry Promotion Act shall be prohibited from allowing any juvenile to enter his/her karaoke machine business except for the hours for admitting him/her (9 to 22) prescribed by Presidential Decree;

Nevertheless, on June 20, 2020, the Defendant entered the above singing room without verifying six identification cards, such as D (Nam and 17 years of age), a juvenile, who was found in the above “C,” around 01:00.

2. No person who violates the Juvenile Protection Act or the Music Industry Promotion Act shall sell drugs harmful to juveniles to juveniles, and no karaoke machine business operator shall sell or provide alcoholic beverages to juveniles;

Nevertheless, at the above date and place, the Defendant sold to 6 persons such as D(Nam, 17 years of age) who are juveniles, 3 bottles and 3 bottles, which are drugs harmful to juveniles, to 5,000 won per sick.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes for internal investigation reports (fields, etc.), investigation reports (Attachment of photographs by cutting down the CCTV images);

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 2 of the same Act concerning facts constituting an offense (a point of access by juveniles other than the hours for admitting a singing practice room), Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 of the same Act (a point of sale of alcoholic beverages in singing practice room), subparagraph 6 of Article 59 of the Juvenile Protection Act, and Article 28 (1) of the same Act;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act;

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 for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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