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(영문) 서울북부지방법원 2017.10.25 2017고정1454

음악산업진흥에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall in the name of “Csing practice hall” on the Dongdaemun-gu Seoul Metropolitan Government and underground floors.

1. In spite of the fact that a singing practice room business operator was prohibited from employing or mediating a entertainment loan, the defendant received a request from customers D (51) from the above singing practice place on April 26, 2017 and arranged the defendant to receive 30,000 won per hour and to receive 30,000 won per customer.

2. Although a singing practice businessman is prohibited from selling or providing alcoholic beverages, the Defendant sold two cans to customers D at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the provisions of this Act and subordinate statutes to the screen by capturing CCTVs;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act (a sales of alcoholic beverages), and Article 22 (1) 4 (a) of the same Act concerning facts constituting an offense; the selection of fines;

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. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act;