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(영문) 서울남부지방법원 2015.10.20 2015고정1208

음악산업진흥에관한법률위반

Text

A defendant shall be punished by a fine of 400,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room in his/her trade name on the first basement in Geumcheon-gu Seoul Metropolitan Government.

Every karaoke machine business operator shall not sell or provide alcoholic beverages, and anyone shall not drink with a customer for profit, or provide any entertainment to a customer by singing or dancing. However, the defendant, from March 14, 2015 to March 03:30 of the same day, from March 14, 2015, up to 05:30 of the same day, the defendant sold two liquors to the customer E, who are alcoholic beverages, and provided entertainment to the customer by singing with the said customer for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

1. Control note;

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

1. Article 34 (3) 2 of the relevant Act and Article 22 (1) 3 of the Music Industry Promotion Act (the point of sale of alcoholic beverages and the choice of fines), Articles 34 (4) and 22 (2) of the Music Industry Promotion Act concerning facts constituting an offense;

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;