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(영문) 대전지방법원 2019.07.19 2019고정599
음악산업진흥에관한법률위반
Text

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

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

Reasons

Criminal facts

The defendant is a person who operates a singing practice room with a trade name called "C singing practice room" on the Daejeon Pungdong B and underground first floor.

On March 24, 2019, at around 01:00, the Defendant: (a) moved one of the instant C Kinginging practice room to D, a customer, into a raw disease; (b) sold 2,000 won to D; and (c) violated the obligations of King practice room business operators.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Arrest report on occurrence of the case, investigation report and written statement of the offender;

1. Application of photographs of a certificate of registration of karaoke machine business, and statutes governing violated field 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding twenty million won;

2. Summary order and the opinion of oral sentence of the public prosecutor: Fine of 1,000,000 won.

3. Determination of sentence: a fine of KRW 1,000,000 is divided in depth by the Defendant, and the circumstances in which the economic situation is difficult as the Defendant did not know the business, are recognized.

However, the crime of this case is not that of the defendant's sales of alcoholic beverages in a singing practice room, and the liability for the crime of this case is minor.

In particular, the defendant has been punished for the same crime.

In addition, the defendant shall be sentenced to a fine identical to a summary order, taking into account the various circumstances that are the conditions for sentencing specified in the argument of the case, such as the defendant's age, character and behavior and environment

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