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(영문) 서울중앙지방법원 2015.10.30 2014고정1392
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of one 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 business under the trade name of "D sing practice room business" on the first floor of Gangnam-gu Seoul Metropolitan Government.

No karaoke machine business operator shall sell or provide alcoholic beverages to customers.

그럼에도 불구하고 피고인은 2014. 1. 15. 23:30경 위 노래연습장 3호실에서 E 등 4명의 손님들에게 카스 캔맥주 4개, 뻥튀기안주 등을 32,000원에 판매ㆍ제공하여 노래연습장업자의 준수사항을 위반하였다.

Summary of Evidence

1. Legal statement of witness F;

1. Part of the statement of witness E in the sixth trial record;

1. A E-document;

1. CAS LIGHT closure photographs;

1. Newspaper news (SIGHT in F’s statement) [this part of the trademark location or can color of “CAS LIGT” is inaccurate, but there is no control other than that of selling alcoholic beverages in a singing practice room. If the Defendant sold the same to customers as the Defendant’s assertion, it is possible to confirm can can be classified into general beer or non- alcohol beer, so it can be confirmed only by presenting can cans at a site without any need for voluntary operation until the police box. The Defendant could not have taken photographs or secure evidence about cans at the site of F. Since the Defendant was unable to sell the cans at the site of F, E’s order can be seen as having been sold at the site of ordinary alcohol, but it cannot be seen as having been applied to himself/herself and the Defendant, and it can be seen as having consistently made a statement that it is a witness at the site of the above law.

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

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