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(영문) 서울동부지방법원 2018.04.16 2018고단324

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall in the name of “C” on the Songpa-gu Seoul Metropolitan Government B and the second floor.

1. Any person who intends to carry on a singing practice hall shall complete registration with the head of a Si/Gun/Gu having facilities for singing practice;

Nevertheless, the Defendant, from March 25, 2017 to August 4, 2017, without registering with the competent authorities, operated a singing practice room business by having four guest rooms equipped with a video reflector device and singing to the unspecified number of customers.

2. No singing practice room business operator shall employ a entertainment loan, arrange for employment of entertainment, or sell or provide alcoholic beverages to customers;

Nevertheless, around August 4, 2017, the Defendant: (a) sold 5 Kascker’s 15,000 won to male customers without his/her name; (b) provided D’s guidance to the room in which the aforementioned customers are located, and (c) arranged entertainment receptions, such as having the instant customers drink alcoholic beverages and talk with music.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, F, and H;

1. G statements;

1. Business registration certificate;

1. Police seizure records;

1. Scenic photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 34(2), 22(1)4 (a)4), 34(3)1, and 18(1) (a) (a) of the Music Industry Promotion Act (a person operating a singing practice room business without registration) of the relevant Act on criminal facts; Articles 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act (a person selling alcoholic beverages) of the same Act; and each choice of imprisonment;

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. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., the circumstances favorable to the defendant among the reasons for sentencing) is three times the criminal defendant was punished for the same crime, but all of the fines are punished.