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(영문) 창원지방법원 마산지원 2013.04.02 2013고정3
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant of "2013 High Court 3" is a person who runs a singing practice room business with a trade name in Changwon-si B of Changwon-si.

On October 28, 2012, when no karaoke machine business operator sells alcoholic beverages to customers, he/she violated the rules of practice by selling alcoholic beverages equivalent to 66,00 won, including 12 cans(3,00 won per opening 3,00 won), 12 cans(36,000 won per opening 15,000 won per opening 1) and 2 cans(15,000 won per opening 1).

The defendant of "2013 High 56" is a person who runs a singing practice room business in Changwon-si B from Changwon-si, Changwon-si.

On October 10, 2012, in spite of the fact that a karaoke machine business operator is not allowed to sell alcoholic beverages to customers, he/she violated the rules of practice by providing four cans to E and two other customers, which are customers, in the said singing practice room.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 of the same Act concerning criminal facts and the choice of punishment;

1. Selection of a fine for selective punishment (the defendant has been under control on October 10, 2012 when he/she sold alcoholic beverages in a singing practice room on October 10, 2012, and thus, he/she was under control on the same criminal act again on October 28, 2012, and there is a great need to strictly punish the defendant: Provided, That since all the defendants have been led to confession and reflect, it

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;

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