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(영문) 전주지방법원 2016.10.26 2016고정742
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Although the Defendant, as a karaoke machine business operator running a “Cinging machine” in Jeonju-si B, was prohibited from selling or providing alcoholic beverages, the Defendant, at around June 21, 2016, received KRW 10,000 from two customers D, etc., and sold Haing-si 1 disease in the said singing practice room, around 21:20, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of control reports, business registration certificates, field photographs and statutes;

1. Relevant Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act concerning criminal facts; 1. Selection of a fine; Articles 70 (1) and 69 (2) of the Criminal Act concerning criminal facts;

1. Although the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act is against the defendant's reason for sentencing, the defendant committed the crime of this case at all times despite the fact that the defendant had been punished twice due to the same kind of crime, the defendant's age, character and conduct, motive, means and result of the crime of this case, and the punishment as ordered in consideration of all the sentencing conditions under Article 51 of the Criminal Act, such as the circumstances before and after the crime of this case.

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