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(영문) 대구지방법원 2017.03.17 2016고정2567
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[2016 fixed 2567] Sing practice place business operators are prohibited from selling or offering alcoholic beverages.

On September 26, 2016, the Defendant, who operated a singing practice hall in Daegu Northern-gu B, provided that he would receive 8,000 won of 2 bottles from customers D at the said singing practice hall.

[2017 high 93 singing room business operators] No person may sell or provide alcoholic beverages.

On November 4, 2016, the Defendant, who operates a singing practice hall in Daegu Northern-gu B, provided 50,000 won equivalent to the market price of 50,000 won for cans, 5 bottles, 1 bottles, and 1 week, to 4 customers in the above singing practice hall 5,00 won.

Summary of Evidence

[2016 High Court Decision 2567]

1. Statement by the defendant in court;

1. A written petition;

1. A report on internal investigation (related to the dynamic image revolving which is submitted by the truth-finding) (2017 ancient 93);

1. Statement by the defendant in court;

1. E statements;

1. Invoice and on-site photographs;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes provided for in the violation of the Music Industry Promotion Act, which is heavier than the punishment provided for in paragraph (2) of the same Article);

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

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