beta
(영문) 대구지방법원 포항지원 2017.08.16 2017고단761

음악산업진흥에관한법률위반

Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

No person shall drink alcoholic beverages with customers, or provide entertainment to customers by singing or dancing in a singing practice place for profit.

Nevertheless, at around February 11, 2017, the Defendants’ meeting room No. 2 of the mutual singing practice hall, “Esing practice hall” operated by D located in Nam-gu, Nam-gu, Seoul at port, and Defendant A entered from the customer F as “Defendant H” in the indictment, but it is obvious that this is a clerical error in light of the entire written indictment or the records. Thus, the Defendants’ correction is made.

In order to receive 50,000 won from G customers, he/she provided entertainment with the said customers, or provided entertainment to customers by singing or dancing.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspects of D;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs at the scene of detection);

1. Article 34 (4) and Article 22 (2) of the Music Industry Promotion Act (Selection of Penalty) concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;