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(영문) 수원지방법원 안산지원 2016.05.27 2016고정518
음악산업진흥에관한법률위반
Text

Defendants shall be punished by a fine of KRW 700,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a person who operates a singing practice hall with the trade name “D Sing practice hall” on the second floor of Sising City, and Defendant B is an employee of the above singing practice hall.

1. No defendant B may sell or provide alcoholic beverages;

Nevertheless, on March 11, 2016, at around 20:00, the Defendant sold four cans to E who are customers in the above singing practice room 3 rooms, for 16,000 won.

2. Defendant A had, at the same time and place as described in the above paragraph 1, B, an employee of the Defendant, sold 4 cans to E, who is an employee of the Defendant, for 16,000 won in connection with the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Sing practice certificate (sing);

1. Business registration certificate;

1. Sales slips, singing practice photographs (at the entrance and internal sales of alcoholic beverages);

1. Application of Acts and subordinate statutes notifying departments related to 112 reporting of the case;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 34(3)2, Article 22(1)3, and Article 35 (Selection of Penalty) of the Music Industry Promotion Act;

(b) Defendant B: Article 34(3)2 of the Music Industry Promotion Act and Article 22(1)3 of the same Act (excluding punishment)

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act, each of the orders for provisional payment;

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