Text
Defendant
A As to paragraph A of Article 1 of the Decision of Defendant B, the fine of KRW 1,500,000 shall be determined.
Reasons
Punishment of the crime
1. On April 21, 2017, Defendant B was sentenced to a suspended sentence of two years on April 29, 2017 by imprisonment with prison labor for a violation of the Music Industry Promotion Act at the Jung-gu District Court on April 21, 201, and the said judgment became final and conclusive.
On March 14, 2017, the Defendant installed a singing machine and run a singing practice room business in the building C and “D” located on the second floor of the building, Namyang-si, and sold to customers E one disease of KRW 3,000.
B. On March 11, 2019, around 23:35, the Defendant sold 6 cans to male guests in the above place, and 24,000 won to male guests.
2. Defendant A
A. On August 11, 2018, around 22:05, the Defendant: (a) installed a singing machine in the building C and “D” located in the second floor of Gyeonggi-do; (b) sold six customers with 36,00 won of cans and 12 cans and 16 cans and 16 cans and 16 cans and 48,000 won to customers.
B. The Defendant, at the time, at the place specified in Paragraph 1(b), sold alcoholic beverages as above to the Defendant’s employee B, thereby violating the Music Industry Promotion Act.
Summary of Evidence
1. Defendants’ respective legal statements
1. E statements;
1. On-site photographs, certificates of reporting production of music records/music video products, and business registration certificates;
1. Previous records of judgment: Application of criminal records, inquiry reports (B), investigation reports (a suspect B's separate judgments, etc.);
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Article 34(3)2, Article 22(1)3 (a) of the Music Industry Promotion Act, Article 35, Article 34(3)2, and Article 22(1)3 (b) of the Music Industry Promotion Act;
(b) Defendant B: Articles 34(3)2 and 22(1)3 of the Music Industry Promotion Act (Selection of Fines)
1. Defendant B who handles concurrent crimes: The latter part of Article 37 and Article 39(1) of the Criminal Act;
1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;