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(영문) 서울남부지방법원 2015.11.11 2015고정1715
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a karaoke machine business operator who operates a karaoke machine with the trade name of "D" in Gangseo-gu Seoul Metropolitan Government.

Any karaoke machine business operator shall be prohibited from selling alcoholic beverages, or employing or arranging a loan for entertainment.

A. Nevertheless, around 23:00 on May 13, 2015, the Defendant sold four alcoholic beverage cans, which are alcoholic beverages, to four alcoholic beverages, including E (ma) and 61 years of age, in the instant singing practice room.

B. The Defendant, upon receiving the demand from the above customers at the same time and time as the above “A”, assisted by sending two persons to F, who are the head of the sidewalk room, and asked G and H to enter the above room, thereby allowing them to drink with the above customers, singing, dance, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect of any police officer G or H;

1. Each E statement;

1. Application of statutes governing enforcement manuals;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2, 22 (1) 3 (the point of sales of alcoholic beverages), 34 (2), and 22 (1) 4 (the point of brokerage of loan) of the Music Industry Promotion 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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