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(영문) 서울동부지방법원 2018.04.10 2018고정233
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 person who operates a singing practice hall in the name of Seongdong-gu Seoul Metropolitan Government, Seongdong-gu, and underground 1st century.

No singing practice room business operator shall sell or provide alcoholic beverages at his/her place of business.

Nevertheless, at around 04:17 on November 18, 2017, the Defendant violated the code of practice by putting four customers, such as D, by dividing 11 cans into plastic cups and selling 44,000 won to four customers.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report;

1. Application of Acts and subordinate statutes to investigation reports and singing photographs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act with the history of having been sentenced to criminal punishment several times for the reason of sentencing of the defendant for the same crime, and a summary order of KRW 2.5 million was requested by an investigative agency, but the summary order of KRW 2 million had already been issued after considering the circumstances of the defendant, which was partially reduced, does not seem to exceed the amount of fine specified in the summary order even considering the sentencing conditions stated in the public trial of this case.

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