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(영문) 대전지방법원 2014.06.25 2014고정742
음악산업진흥에관한법률위반
Text

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

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

From around 00:00 to 02:00 on August 24, 2013, the Defendant: (a) arranged customers to engage in entertainment, such as having them attend a singing together with customers, and having them drink drink, etc.; (b) sold to customers, and (c) violated the rules of practice of singing room business operators.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E or D by the prosecution (158 pages of investigation record);

1. Examination protocol of suspect of D by the prosecution (Investigation record No. 167 pages);

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes of D's self-statements;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34 (3) 2 and 22 (1) 3 (the point of sales of alcoholic beverages), Articles 34 (2) and 22 (1) 4 (the point of mediating entertainment activities) of the Music Industry Promotion Act, 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 punishment prescribed in a violation of the Music Industry Promotion Act due to the arrangement of heavy concurrent crimes);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime is a fine not exceeding KRW 45 million. It is so decided as per Disposition by the assent of all participating Justices, on the following grounds: (a) there is no good condition that the Defendant denied and concealed the instant crime even after the control; (b) the Defendant is an initial offender who has no criminal record; (c) the Defendant’s late and late reflects the fact that the Defendant does not commit a second offense; (d) the spouse’s health is not good and economic situation is not good; and (e) the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime are considered to be punished by a fine of KRW 1 million.

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