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(영문) 서울남부지방법원 2014.06.24 2013고정3321
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who runs a singing practice room business in Gangseo-gu Seoul Metropolitan Government with the trade name of "Ding practice room".

Any karaoke machine business operator shall be prohibited from selling or offering alcoholic beverages at his/her place of business.

Nevertheless, on August 24, 2013, from around 23:00 to around 02:00 of the following day, the Defendant provided 180,000 won, including the costs of singing practice room, to E and one other than E, who was found to be a customer in the above singing practice room from around 23:0,000, including the costs of singing practice room.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Control note;

1. Application of the receipt statute

1. Article 34 (3) 2 of the Music Industry Promotion Act and Articles 22 (1) 3 of the same Act concerning facts constituting an offense;

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

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant denied the facts charged in the instant case by asserting that there was no fact that alcoholic beverages were sold to E and one other than E at the time of the instant case, although there was no fact that alcoholic beverages were sold.

Therefore, according to the evidence adopted by this court through legitimate examination of evidence, the witness E and F consistently stated that they were drinking by ordering the beer and beerer, and the receipt contains 40,000 won with the price of alcoholic beer and 80,000 won with the price of alcoholic beer and the price of drinking water, respectively, and it seems that the above acknowledged facts showed that the above amount of alcoholic beer and drinking water was drinking to the extent that the price of alcoholic beer and drinking water were drinking to the extent that it was equivalent to 120,000 won, and that they were not alcoholic beverages, it seems very unusual. The defendant ordered that they were drinking to the extent that they did not pay E and the price of alcoholic beverages, and reported to the police, and all evidences that can confirm whether they were selling alcoholic beverages by arranging all the bits using E, etc.

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