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(영문) 서울중앙지방법원 2016.04.21 2015고정4725

폭행등

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

Defendant

A is a person who operates a singing practice in Gangnam-gu Seoul with the trade name of "D Sing practice" in Gangnam-gu, and Defendant E is a person who works in a singing practice.

1. 폭행 피고인은 2015. 9. 30. 00:40 경 서울 강남구 C에 있는 D 노래방에서 연인 관계에 있는 피해자 F이 이사 갈 집에 함께 가는 문제로 말다툼을 하다가 피해자에게 욕설을 하고 라이터를 던지고 피해자의 어깨를 밀고 왼쪽 빰을 1대 때려 피해자를 폭행하였다.

2. No music practice room business operator who violates the Music Industry Promotion Act shall sell or provide alcoholic beverages, or arrange an employment for a loan for entertainment;

Nevertheless, around 00:30 on September 30, 2015, the Defendant: (a) provided 4 guest rooms G in Gangnam-gu Seoul Metropolitan Government with four cans cans to G, selling 4 cans to G; and (b) provided entertainment loans to E, who received KRW 30,000,000 and received KRW 30,000,000,000 to G.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of suspect examination of the police against E or F;

1. A written statement of the G production;

1. Application of sing practice certificate, on-site photograph-related Acts and subordinate statutes;

1. Relevant legal provisions for facts constituting an offense, Article 260(1)2 of the Criminal Act, Articles 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act, Articles 34(2) and 22(1)4 of the Music Industry Promotion Act, and Article 22(1)4 (a) of the same Act, the choice of fines for negligence;

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;