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(영문) 서울동부지방법원 2017.09.27 2017고정1209

음악산업진흥에관한법률위반

Text

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

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

Reasons

Punishment of the crime

Defendant

A is a person who operates a singing practice hall with the trade name "C" on the Songpa-gu B and the 1st underground floor, and D is a guest at the above singing practice hall (domins).

(a) No one shall, for the purpose of profit-making, drink alcoholic beverages with customers, provide entertainment to customers by singing or dancing, or arrange any other person to provide entertainment services;

Nevertheless, at around 23:10 on May 26, 2017, the Defendant: (a) received a demand from E (43) et al., male grandchildren, and from one other, and promised to pay 30,000 won per hour to D (55 years old and 53 years old) and F (53 years old and 53 years old), and had the said D and F provide a guest with the said E and one other to drink, singing or dance, and then, (b) agreed to collect the drinking value and singing fee from the said E in return for the demand.

Accordingly, the defendant assisted the above entertainment for profit-making purposes.

(b) No alcoholic beverage dealer shall sell or provide alcoholic beverages at a singing practice place;

Nevertheless, the defendant sold five cans to E and one customer, at the same time and place as the preceding paragraph, and at 20,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each protocol concerning the examination of suspect of the police to D or F;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of fines, respectively;

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;