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(영문) 수원지방법원 2014.09.26 2014고정2283

음악산업진흥에관한법률위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a karaoke machine business operator B.

1. Any karaoke machine business operator shall be prohibited from selling or providing any alcoholic beverage;

Nevertheless, around 21:00 on May 8, 2014, D, etc., which is a guest of the two singing practice rooms, located in Young-gu C Underground 1, Young-gu, Suwon-si, Suwon-si, has sold five Kask (3,000 won per opening) to 15,000 won, and violated the rules of practice of a singing practice room operator.

2. No karaoke machine business operator shall, for the purpose of making profits, arrange any customer to provide entertainment services by drinking alcoholic beverages with his/her customers, singing or dancing;

Nevertheless, at the same time as the above "1, the defendant violated the obligations of the singing practice room business operator by arranging the above D, etc. to provide entertainment to customers by singing or dancing, and allowing them to provide entertainment to customers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and F;

1. Application of Acts and subordinate statutes to a karaoke machine business registration certificate;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sale of alcoholic beverages), Articles 34 (4) and 22 (2) of the Music Industry Promotion Act concerning criminal facts, the choice of fines for negligence, and the 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. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) shall be determined as per the disposition, taking into consideration the following: (a) the defendant has no particular criminal record; and (b) the defendant has recognized errors and reflects