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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On April 21, 2011, from around 22:30 to 00:10 the following day, the Defendant provided D, E, etc. with alcoholic beverages in the amount of the beer, etc. at the singing practice room of the Daejeon Jung-gu Trade Name C.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes of correspondence;

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. The defendant's assertion as to the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is that the beer cans found in the singing practice room are limited to the empty cans of the beer which sees the beer, and that the defendant did not sell alcoholic beverages to customers, and thus, the crime of violation of the above Act is the element of "sale and provision of alcoholic beverages" by the singing practice room business operator. In this case, the above crime is established only when the singing practice room business operator himself/herself sells alcoholic beverages to customers, and it is established when the singing practice room business operator, his/her partner, or his/her employee provides alcoholic beverages to customers or persons who are not customers. Thus, Article 22 (1) 6 of the above Act and Article 9 of the Enforcement Decree of the above Act are applicable.

1. It is also true in light of the legislative intent of the above laws and regulations, which were revealed by the Constitutional Court Decision 2004HunMa431, 700 (merged) Decided November 30, 2006, which prohibits alcoholic beverages from being brought into a singing practice room itself by providing that subparagraph 3 shall not keep alcoholic beverages inside a business office or impliedly allow a user to bring in alcoholic beverages.

In other words, the circumstances acknowledged by the aforementioned evidence, namely, D, who had been in the position of the Defendant and the karaoke machine joint operator, has dices together with his and her aftermath in the instant karaoke machine (e.g., 6, 17 pages of investigation records), and the Defendant.