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(영문) 서울동부지방법원 2019.02.12 2018고정1289
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a karaoke machine business operator who operates a “C karaoke machine” in Gangdong-gu Seoul Metropolitan Government.

1. No karaoke machine business operator who sells alcoholic beverages shall sell or provide any alcoholic beverage;

Nevertheless, around August 15, 2018, the Defendant sold three cans to customers D at the above singing practice room around 23:50.

2. No karaoke machine business operator shall employ nor arrange a vaccination loan;

Nevertheless, the Defendant arranged E as a entertainment loan on the condition that 25,00 won per hour at the above time and place, thereby inducing customers to drink with D or singing, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Written statements and field photographs of D;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations for reference D);

1. Article 34 (3) 2, Article 22 (1) 3, Article 34 (2), and Article 22 (1) 4 of the Music Industry Promotion Act concerning facts constituting an offense, and the selection of fines;

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

1. In light of the sentencing conditions indicated in the instant trial, such as the fact that the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are several times having a record of being subject to criminal punishment for the same offense, sales of alcoholic beverages, the degree of punishment in the same case, etc., the amount of fine prescribed in the summary order does not seem to be excessive.

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