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(영문) 수원지방법원 안산지원 2017.12.07 2017고정956
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is an owner of a "D" singing practice hall located in Ansan-si C.

A singing practice room business operator shall not sell alcoholic beverages, or employ or arrange for a loan for entertainment.

Nevertheless, on May 27, 2017, the Defendant sold 8 cans to 4 male customers, including E, in the instant singing practice place and around 21:27,00 won, and arranged for an entertainment loan by allowing 30,000 won per hour in accordance with the request of the above E, etc. on condition that the Defendant would provide 30,000 won per hour.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. A protocol concerning the examination of suspect of some police officers with regard to H;

1. A written statement of F and G;

1. Stopists and field photographs;

1. Reporting on detection (Violation of the Music Industry Promotion Act), reporting on investigation (Attachment to a receipt for sales of alcoholic beverages), and application of Acts and subordinate statutes to reporting on investigation;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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