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(영문) 의정부지방법원 2014.10.07 2014고정78
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

A person who operates a singing practice room is prohibited from selling or providing alcoholic beverages within the relevant place of business. However, around 01:00 on January 16, 2013, the Defendant sold the amount of KRW 27,000 in total to two alcoholic beverages, including E, etc., which are alcoholic beverages, to two alcoholic beverages, within two occasions of “Ding practice room”, which is located at the 1st underground floor of Dong Government-si C, and to other two alcoholic beverages, including E, which are alcoholic beverages.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. A copy of a certificate of registration of karaoke machine business and an application document;

1. Application of statutes on site photographs;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Articles 22 (1) 3 and 22 (1) 3 of the same Act concerning criminal facts and the selection of fines;

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;

1. The defendant and his defense counsel asserted that the defendant and his defense counsel's assertion of the lawsuit cost of this case only sold alcohol beer and did not sell alcoholic beverages. However, according to each evidence duly adopted and investigated by this court, E and G, which had been a customer in the D K K-sing room operated by the defendant at the time of the occurrence of this case, stated to the effect that they consistent with the criminal facts of the judgment that the defendant sold a general caner, notless beer than alcohol beer, to this court, consistent with the investigation agency from the time of the occurrence of this case to this court. The contents of the statement are considerably detailed, and the site photo taken at the time of the occurrence of this case had been placed on the table of D King room using the above E, etc., and the defendant provided the above E, etc. with fruits and sargers.

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