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(영문) 서울남부지방법원 2013.05.27 2013고정161
음악산업진흥에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “Ding practice room” on the second floor of Gangseo-gu Seoul Metropolitan Government C underground.

1. Despite the fact that a karaoke machine business operator in violation of the Music Industry Promotion Act was prohibited from selling or supplying alcoholic beverages, the Defendant, around August 9, 2012, provided that, around 23:50, the Defendant sold alcoholic beverages in the said singing practice room and two persons other than E (18 years old) who are juveniles, are different from beer, and three can cans and cans are collected from 9,000 won.

2. In spite of the fact that anyone who violated the Juvenile Protection Act was prohibited from selling drugs harmful to juveniles to juveniles, the Defendant sold them at the time, place, etc. set forth in the above Paragraph (1) without confirming the identity of the juvenile E (the age of 18) as above, after receiving three cans and cans, which are drugs harmful to juveniles, 9,000 won.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Each police statement to F and E;

1. A police statement of E (five pages of investigation records);

1. A written statement of prosecution E (the 99 pages of investigation records);

1. Suppression photographs;

1. Application of the Acts and subordinate statutes to the distributor registration certificate;

1. Article 34 (3) 2 of the Act on the Promotion of Music Industry and Selection of Punishment for Criminal Facts and Article 22 (1) 3 of the Act on the Promotion of Music Industry (the selling of alcoholic beverages by singing practice room business operators), subparagraph 2 of Article 51 of the Juvenile Protection Act and Article 26 (1) of the Juvenile Protection Act (the selling of alcoholic beverages to juveniles);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (Punishments imposed on a person who violates the Music Industry Promotion Act with heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s assertion E, and F’s act of drinking at a nearby convenience store is limited to drinking cans, beer, and so on, drinking at the instant singing room, without any fact, the Defendant ding the drinking in the instant singing room, such as having the ebbbbbb and changing the ebbbbb and so on.

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