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(영문) 수원지방법원 성남지원 2018.07.18 2018고정421
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a worker who manages "D Sing Practice Center" in Sungnam-si C and Sungnam-si.

No singing practice room business operator shall sell or provide alcoholic beverages.

Nevertheless, at around 20:30 on February 12, 2018, the Defendant sold 4 cans which are alcoholic beverages E to four other than customers for 16,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to reports on occurrence, internal investigation and photographs at control sites;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 (Selection of Penalty) of the same Act concerning facts constituting an offense;

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

1. Taking into account the fact that there are twice the same records as the defendant for the reasons of sentencing in Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the punishment shall be determined by taking into account the following factors: the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the various sentencing conditions under Article 51 of the Criminal Act as stated in the records and arguments.

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