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(영문) 전주지방법원 2017.03.28 2016고정974

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 8, 2016, the Defendant violated the Music Industry Promotion Act due to the sale of alcoholic beverages, at around 19:40 around 19:40 on August 8, 2016, the name of the D practice hall located in the Yansan-gu Seoul Special Metropolitan City (hereinafter “D practice hall”) and sold 20,000 won in total to customers.

2. The Defendant committed a violation of the Music Industry Promotion Act on the grounds of loan arrangement for entertainment, and at the time and place specified in paragraph (1), the Defendant received 30,000 won from the above nameless customers and arranged a female entertainment loan to drink with the customers or to provide entertainment to the customers by singing or dancing.

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. A written petition;

1. Application of CD-related Acts and subordinate statutes

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 aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes provided for in the violation of the Music Industry Promotion Act due to intermediation of heavy concurrent crimes);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant stated that he/she is guilty of committing a crime, and that the defendant's health condition is not good, etc. are favorable to the defendant.

However, considering the fact that the Defendant was aware of the instant crime due to the so-called strike report and the practical practices of the singing practice hall, considering the legislative intent of the Music Industry Promotion Act to promote the proper development of the music industry such as the singing practice hall, the Defendant received a summary order of KRW 1 million for the same crime committed in around 2008, and then re-issued around 2015.