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(영문) 광주지방법원 2013.04.05 2013고단220
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

The defendant is a person who operates a singing practice room in B, and C is a person who is a defendant's friendship and sings upon the defendant's request.

1. On December 15, 2012, around 22:00, the Defendant violated his/her obligations by selling alcoholic beverages, such as scarblue 12-year disease (200,000 won), 10 bottlers (50,000 won), and 17,000 won (17,000 won) to customers E, etc. in the instant singing practice room operated by the Defendant on the first floor of D underground of Gwangjubuk-gu.

2. The Defendant violated the code of practice of karaoke machine business operators by selling alcoholic beverages, such as 1500ml 2 disease (10,000 won) and 17,00 won (17,000 won) to customers F, etc. through the above date and place C.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C, E, and F;

1. Copies of control note, sales receipt, and karaoke machine registration certificate;

1. Application of laws and regulations on sales photographs, ctv photographs of alcoholic beverages;

1. Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act (the point of sale of alcoholic beverages and the selection of fines) concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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 takes into account the fact that the defendant again committed the crime of this case despite the fact that he/she had been sentenced to a fine twice twice as the same crime, and the fact that he/she has no other criminal record shall be determined by taking into account the fact that the defendant has committed the crime

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