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(영문) 서울동부지방법원 2013.07.19 2013고정1518

음악산업진흥에관한법률위반

Text

Defendant

A A shall be punished by a fine of KRW 500,000,000 and by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is a business owner running a singing practice room in Gwangjin-gu Seoul Special Metropolitan City, and Defendant A is a person who works for the singing practice room in the above singing practice room.

1. No person who defendant A shall drink alcoholic beverages with customers, singing or dancing in a singing practice room for profit;

Nevertheless, on March 23, 2013, the Defendant, along with sing-type E, F, and G, received KRW 203 per hour from Defendant B and KRW 25,000 per hour from Defendant B, and the Defendant, together with H and three other players, provided entertainment to customers by dancing.

2. Defendant B

(a) No karaoke machine business operator shall employ or arrange a vaccination loan;

Nevertheless, on March 23, 2013, the Defendant received a demand from the above singing practice room 203 around 21:00, and from the H and three other members of the instant singing practice room, the Defendant assisted E, Defendant A, F, and G, who had been Dominated, to drink with the said customers to provide entertainment services while drinking together with the said customers, and to encourage them to enjoy entertainment by dancing.

(b) Any karaoke machine business operator shall be prohibited from selling or providing alcoholic beverages;

Nevertheless, the Defendant sold 9 cans, which are alcoholic beverages, to the instant singing practice to the instant singing practice, at the same time and place as the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police suspect against E, G, or F;

1. Application of Acts and subordinate statutes on control field photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 34(4) and 22(2) of the Music Industry Promotion Act; selection of fines

B. Defendant B: Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act, and Articles 34(3)2 and 22(1) of the Music Industry Promotion Act.