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(영문) 광주지방법원 순천지원 2015.10.02 2015고단920

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

The Defendant is a singing practice room business operator who runs a singing practice room with the trade name of “C King practice room” in Gwangjuyang City B.

1. The crime committed on October 14, 2014;

A. Despite the fact that a karaoke machine business operator, who violated the prohibition of selling and offering alcoholic beverages, was prohibited from selling and offering alcoholic beverages, the Defendant sold to two customers, such as customers D, etc. on October 14, 2014 at the said singing practice room around 22:55.

B. A person who violates a duty not to act as a broker for entertainment may not drink alcoholic beverages with customers, provide entertainment to customers by singing or dancing, or act as a broker for any other person, with the intent of making profits.

At the time and place of entry in the port, the E and F received 30,000 won per hour from two customers D, and arranged them to provide entertainment by drinking, singing or dancing with the above customers.

2. Despite the fact that a karaoke machine business operator, who committed the crime of February 3, 2015, was prohibited from selling alcoholic beverages, the Defendant sold alcoholic beverages to five customers at the said singing practice room around February 3, 2015, including 10 bottles and 1 bottles, to five customers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each field control photograph Act and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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