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(영문) 서울동부지방법원 2021.01.20 2020고단3182
재물손괴등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 “Dudio” in the Songpa-gu Seoul Metropolitan Government building C.

1. In spite of the fact that a singing practice provider in violation of the Music Industry Promotion Act was prohibited from selling or providing alcoholic beverages, assisting a customer to employ a entertainment loan, or acting as an intermediary, the Defendant sold 13 sicks to E at the singing room around 04:5 on July 13, 2020, and arranged three women’s friendships.

Accordingly, the Defendant sold alcoholic beverages as a singing practice room business operator and arranged for a entertainment loan, thereby violating the rules of practice of business operators.

2. The Defendant damaged property, on the date and time stated in paragraph 1, and on the ground that the victim E, who is a customer, had many expenses at the place, was resisted, and did not return the defective victim’s cell phone to the police and did not return it to the police, and concealed it in the singing room for three days.

Summary of Evidence

1. Application of Acts and subordinate statutes to the prosecution against the defendant's legal statement E, receipts of police statement protocol and photographic investigation report (Evidence List No. 11);

1. Relevant legal provisions for facts constituting an offense, Articles 34(3)2, 22(1)3 (a) of the Music Industry Promotion Act, Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act, Article 34(2) and 22(1)4 (a) of the Music Industry Promotion Act, Article 366 of the Criminal Act, and 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, based on the following factors: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act, the Defendant agreed smoothly with the victim E; (b) the closure of a singing practice room; (c) the Defendant has no criminal record exceeding a fine; and (d) the circumstances after the crime, etc., the sentence as ordered

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