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(영문) 대전지방법원 2015.06.17 2015고정690
음악산업진흥에관한법률위반
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

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

Reasons

Punishment of the crime

The defendant is operating a singing practice room on the first floor of Seo-gu Daejeon, Seo-gu, Daejeon with the trade name of "Cnoman Bank".

No karaoke machine business operator shall sell or provide alcoholic beverages, or employ or arrange a loan for entertainment.

Nevertheless, at around 23:40 on December 23, 2014, the Defendant sold to the above singing practice room No. D and one other, a customer, for a total of KRW 30,000c disease of 160cc and 2 of alcoholic beverages, and had two persons, a non-name-based, to sing and dance together with customers in the above 1 room, and arranged for an entertainment loan by allowing two persons, a non-name-based, to sing and dance with customers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes of E and D;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sales of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 (the point of good faith for known loan) of the Music Industry Promotion Act concerning facts constituting an offense, and the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the penalty determined for the violation of the Music Industry Promotion Act due to arrangement of heavy concurrent crimes);

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of the punishment by sentence] 45 million won or less (the decision of sentence], the fact that there is no record of the same kind of crime, the fact that there was no time of charge, and the fact that there was no time of charge, and the other party was committed as a crime of the Punishment of Violences, etc. Act. In fact, the trial expenses at the time were established as the crime of punishment by taking into account the defendant's age, occupation and environment, the background and contents of the crime of this case, and the circumstances after the crime, etc., and the sentence was determined as ordered by the order.

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