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(영문) 대구지방법원 김천지원 2018.11.27 2018고정323
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of four million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is a singing practice hall operator who operates “Esing practice hall” on the old and underground first floor, and Defendant A is an employee of the above singing practice hall.

1. On April 20, 2018, from around 21:00 to around 21:30 of the same day, Defendant A sold and provided customers F with 1.5L 1 bottle to 15,000 won for beer, and provided customers G with 1.5L 1 disease together with 1.5L 1 disease of beer and 35,000 won for beer, and arranged the entertainment loan to the said G.

2. Defendant B is a singing practice room operator operating the above singing practice room, and Defendant B, an employee, committed an act identical to that described in paragraph (1) in relation to his duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement of the police statement related to G;

1. Each statement of the F;

1. Seizure records;

1. Application of Acts and subordinate statutes of legal and chemical appraisal report;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 34(3)2, 22(1)3, and 35 (a) of the Music Industry Promotion Act; Articles 34(2), 22(1)4, and 35 (a) of the Music Industry Promotion Act; Articles 34(2), 22(1)4, and 35 (a) of the Music Industry Promotion Act; and choice of fines;

(b) Defendant B: Articles 35, 34(3)2, and 22(1)3 (a) of the Music Industry Promotion Act; Articles 35, 34(2), and 22(1)4 (a) of the Music Industry Promotion Act (a person in charge of offering alcoholic beverages by a singing practice room business operator); and Articles 35, 34(2) and 22(1)4 of the Music Industry Promotion Act (a person in charge of arranging a loan by a singing practice room business operator);

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

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