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(영문) 서울남부지방법원 2013.09.17 2013고정2529

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with a trade name called “Cking practice room” in Gangseo-gu Seoul Metropolitan Government.

No karaoke machine business operator shall employ or arrange any entertainment loan that leads customers to amusement by singing and dancing, or sell or provide any alcoholic beverage to customers.

Nevertheless, from around 21:30 on March 5, 2013 to 21:50 on the same day, the Defendant: (a) received KRW 25,00 per hour from the six stores of the above business establishment; (b) mediated two male descendants E and other persons, including Doesmi D, to drink and singing, and (c) sold four soft cans to 12,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect regarding D by the prosecution (including the F statement section);

1. Application of Acts and subordinate statutes to written E;

1. Article 34 (2), Article 22 (1) 4, Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act concerning criminal facts 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 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;