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(영문) 부산지방법원 2017.05.24 2017고단339

음악산업진흥에관한법률위반

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Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a singing practice room operator who operates the “Creing practice hall” on the first floor of the building located in Busan Island.

1. No music practice room business operator who violates the Music Industry Promotion Act due to an act of arranging a loan for entertainment shall arrange a loan for entertainment;

On November 4, 2016, at around 21:45, the Defendant arranged for a loan by allowing the entertainment of customers by dancing with D and two other persons, who are customers, by receiving the request from D and two other persons who are customers. In addition, the Defendant arranged for a loan by allowing them to provide entertainment to customers.

2. A music practice room business operator who violates the Music Industry Promotion Act by selling alcoholic beverages shall not provide alcoholic beverages;

The Defendant provided 1 gambling and 100,000 won at the market price of 1 beer and 100,000 won at the time and at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, G, or F;

1. Photographs of registration certificate of singing practice place;

1. Application of statutes on site photographs;

1. Article 34 (2), Article 22 (1) 4, Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act concerning facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the instant crime is that the Defendant had been punished two times by a fine for the same kind of crime, but the Defendant’s operation of a singing practice room is not that of arranging a contact loan or selling alcoholic beverages as above.

However, the sentencing conditions in the records, such as the defendant's age, health, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined in the same way as the order.