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(영문) 대전지방법원 홍성지원 2017.05.25 2017고정3

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

[2017 High 3] The Defendant is a person who operates a singing practice hall with the trade name of “C” in Chungcheongnam-si, Chungcheongnam-si.

A singing practice room business operator shall not sell or provide alcoholic beverages, and no person shall drink alcoholic beverages with customers, provide entertainment to customers by singing or dancing in a singing practice place for profit, or arrange other persons to provide such acts.

The defendant employed D, and around 19:01 on December 17, 2015, D sold a "kice" cans, which are alcoholic beverages, to E at a singing practice place, for 12,00 won per cans, and for 3,000 won per 1 cans, and for 2 persons who are women who are prone women.

The hours for admitting juveniles in the 2017 Singing hall shall be from 9 a.m. to 10 p.m., so that juveniles in the 2017 Sing hall shall not have access to the facility except for the hours for admitting juveniles.

Nevertheless, on July 15, 2016, the Defendant entered the above singing practice place without confirming the age of 23:20 of the youth F and 16 years.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the arrest of the case and an internal investigation;

1. On-site photographs;

1. A written statement;

1. Seizure records;

1. Application of digital siren replies, data for confirmation of communication confirmation, and Acts and subordinate statutes governing communication confirmation data;

1. Selection of each fine under Article 35 of the Act on the Promotion of Music Industry and Articles 34(3)2, 22(1)3 (a) of the Act on the Promotion of Music Industry (a sales of alcoholic beverages, both punishment provisions), Articles 35, 34(2), and 22(1)4 (a) of the Music Industry Promotion Act, Article 34(3)2, and 22(1)2 (a) of the Music Industry Promotion Act (a restriction on access to a music practice place) of the same Act;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;