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(영문) 서울동부지방법원 2019.01.30 2018고정1282

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 actually operates the “C” in Seongdong-gu Seoul Metropolitan Government, and D and E are those who work in the singing practice room as a singun.

1. No karaoke machine business operator who sells alcoholic beverages shall sell or provide any alcoholic beverage;

Nevertheless, the defendant's written indictment on August 23, 2018 appears to be " August 24, 2018," so it is corrected.

22:20 around 20, in the above singing practice room sold four cans to customers F, etc.

2. 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, for the purpose of making profits;

Nevertheless, the Defendant received a demand from the above F, etc. at a place similar to paragraph (1), and arranged D and E to give KRW 30,000 per hour, and arranged women to provide entertainment to the above F, etc. by singing or dancing.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A letter of arrest of a flagrant offender, a manual of control, and a report on internal investigation (Attachment to a photograph by cutting off a dynamic image);

1. Application of the registration certificate of the karaoke machine business and statutes governing field photographs;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sale of alcoholic beverages), Article 34 (4), and Article 22 (2) of the Music Industry Promotion Act concerning criminal facts, and Article 34 (3) 2, Article 22 (1) 3 of the same Act (the point of sale of alcoholic beverages), Article 34 (2), and Article 22 (2) of the same Act, although the defendant is a singing practice room business operator, Article 34 (4) and Article 22 (2) of the Music Industry Promotion Act are written in the indictment, and there was no change in indictment, so the above provision of the same Act shall apply (the point

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;