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(영문) 서울서부지방법원 2019.05.30 2019고정257

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person who runs a singing practice room business shall sell or provide alcoholic beverages, or employ or arrange a loan for entertainment.

Nevertheless, on August 14, 2018, the Defendant: (a) received 40,000 won from customers D, E, and F to receive 40,000 won, and sold cans 8 cans; and (b) assisted G, H, and I to provide three customers with entertainment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of some police officers in relation to H and G;

1. Each statement of G, H, D, E, and F;

1. Application of Acts and subordinate statutes to field photographs, singing practice room business registration certificates, reports on investigation results, investigation reports (No. 37, 38 of the evidence list);

1. Article 34 (4) and Article 22 (2) of the Music Industry Promotion Act (Selection of Fines) concerning facts constituting an offense and referral of the choice of applicants to a punishment: Points in the sale of alcoholic beverages: Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of two crimes is aggregated);

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