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(영문) 광주지방법원 2013.04.04 2012고정2855

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “Ding practice room” on the third floor of a building located in Gwangju Mine-gu C.

On September 28, 2012, at around 22:30, the Defendant sold approximately 15 diseases to four customers, such as E, F, G, etc., who had been a guest, and requested from them to do so, and then arranged for a commercial-for-profit entertainment by making four female-free women to attend the meeting.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the F and G respective legal statements Acts and subordinate statutes;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sales 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. Determination as to the Defendant’s assertion under Articles 70 and 69(2) of the Criminal Act at the Nowon Station: (a) the Defendant alleged to the effect that “The Defendant did not comply with the request from G at the time of the instant case even if he received the request to deliver the helper; (b) was paid KRW 100,000,000 in total with the fees for singing and alcoholic beverages, and the amount of the face-to-face; (c) the Defendant’s statement at the G investigation agency and court regarding the circumstance in which the amount of the helper’s share was delivered to the Defendant; (d) the 8,12, and 15 of the protocol of examination of G during the third trial record; (d) the 8,12, and 66 pages of the investigation record and the amount of the complaint; and (e) the 6,9,45, and 57 of the 3rd trial record on the background leading to fighting between E and the court; and (e) the Defendant’s testimony is determined to be sufficiently specific and sufficiently reliable in light of these details.

The defendant is based on his testimony and other evidence.