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(영문) 대전지방법원 2016.11.28 2016고정1244

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who actually runs a singing practice room with the trade name “C” in Daejeon Pungdong-gu B.

Any karaoke machine business operator shall not sell or provide alcoholic beverages, and no one shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services in a singing machine for profit.

Nevertheless, around 23:51 on May 6, 2016, the Defendant sold four cans to customers in the instant singing practice room in KRW 12,00,00, and arranged to drink E to drink together with the said guest, or to provide entertainment to customers by singing or dancing.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34 (3) 2, 22 (1) 3 (the point of sales of alcoholic beverages), Articles 34 (2) and 22 (1) 4 (the point of brokerage of adjacent loans) of the Music Industry Promotion Act, and selection of fines for negligence;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.