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(영문) 대전지방법원 2018.10.30 2017고정298

음악산업진흥에관한법률위반등

Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant violating the Music Industry Promotion Act is a singing practice room that operates “Fing practice room” in Seo-gu, Daejeon.

On July 26, 2016, from around 04:00 to around 08:00 on the same day, the Defendant: (a) assisted a dog with which his name cannot be identified by the six “F Singing practice hall” in the above “Fing practice hall; (b) assisted a dog to drink with G who has mixed with it, and provided entertainment services for approximately two hours at around two hours; and (c) entered the Defendant India’s six room, and provided entertainment services with the said G to drink entertainment together with the said G.

B. Around 08:00 on July 26, 2016, the Defendant assaulted the victim’s timber, shoulder, face part, with a hand saw, in order to take the cell phone so that the victim could not file a report by means of any defect in the victim G (44 tax) who is a customer and the drinking value.

2. Defendant B, on the same date and time as the description in Section 1-b, and at the same place as that in the above A’s assault, used a breath and flapsed against the wall.

Summary of Evidence

1. The respective legal statements of the defendant A and B

1. Statement made by the witness B in the fourth public trial protocol;

1. Entry of a witness A's partial statement in the seven-time public trial records;

1. The legal statement of the witness H (the nine-time public trial) at H;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant legal provisions of the Act on Promotion of the Music Industry and the defendant A who has selected a sentence to commit the crime: Articles 34(2), 22(1)4 (employment of and intermediation for a loan by a singing practice room business operator), 34(3)2, and 22(1)3 (sale and provision of alcoholic beverages by a singing practice room business operator), and Article 260(1)2 of the Criminal Act; Article 260(1)2 of the Criminal Act

1. Aggravation of concurrent crimes (defendant A), the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act;

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

1. Defendant A who asserts the legitimate act of counsel under Article 334(1) of the Criminal Procedure Act