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(영문) 대구지방법원 2015.03.27 2015고정24

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 person who operates a singing practice room with the trade name of “Cing practice room” in Daegu-gu B.

1. Any karaoke machine business operator shall be prohibited from selling or offering any alcoholic beverage at his/her place of business;

Nevertheless, around 20:45 on September 18, 2014, the Defendant received KRW 80,000 from two male customers who were unable to know their names in the said singing practice room, and sold them, such as 1 disease and 1 house per day.

2. No karaoke machine business operator shall employ any entertainment service provider or arrange a customer to provide entertainment services by drinking alcoholic beverages with customers, singing or dancing;

Nevertheless, the Defendant, upon the male customer’s request, whose name is unknown at the same time and place as that mentioned in the preceding paragraph, assisted the customer to enjoy entertainment by drinking alcohol with the customer while drinking alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Details of the singing practice room authentic business on September 23, 2014;

1. Application of CD-related Acts and subordinate statutes

1. Article 34 (3) 2 of the relevant Act and Article 22 (1) 3 of the Music Industry Promotion Act (the point of sale of alcoholic beverages and the choice of fines), Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act concerning facts constituting an offense (the point of arranging a contact loan and the choice of fines);

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

1. Articles 70 (1) 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;