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(영문) 창원지방법원 2019.09.10 2019고정377
음악산업진흥에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Music Industry Promotion Act is a person who operates a singing practice room in the trade name of Kimhae-si B or C, “Ding practice room”.

No karaoke machine business operator shall sell or provide any alcoholic beverage.

Nevertheless, at around 18:00 on May 12, 2019, the Defendant sold 5 illness and 3 cans of beer, which are good for three other than E (17 years of age) and three customers.

2. No person who violates the Juvenile Protection Act shall sell to juveniles alcoholic beverages or tobacco, etc. harmful to juveniles;

Nevertheless, the Defendant sold 5 illness and 3 cans for beer, which are drugs harmful to juveniles, to e (the age of 17) and 3 other than e (the age of 17) at the same time and place under the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. A report on occurrence;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (a violation of obligations by a karaoke machine business operator), subparagraph 6 of Article 59 of the Juvenile Protection Act, and Article 28 (1) of the Juvenile Protection Act, and 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;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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