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(영문) 대전지방법원 천안지원 2015.04.03 2014고정1185

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

The defendant is a person who runs a singing practice room business with the trade name of Dinging practice room business from the Seo-gu C and the second floor of Seoan-gu, Seoan-gu.

1. No person who runs such a singing practice room business shall sell or provide alcoholic beverages at the relevant place of business;

Nevertheless, at around March 6, 2014, the Defendant received 40,000 won from dry E (53 years of age and south) and sold cans (a cans) 10 cans (ks) at the above singing practice room on March 6, 201.

2. The Defendant, for the purpose of profit-making, had no person drink with a customer or arrange to provide entertainment to a customer by singing or dancing. However, the Defendant demanded the customer E at the above time and place to give an entertainment to a customer. As the Defendant demanded the customer E to provide an entertainment to a customer, the Defendant, who received 25,000 won from each of the above singing practice room and arranged the customer to provide an entertainment by singing and dancing for a period of one hour.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. E statements;

1. Application of a report, a copy of receipt, and Acts and subordinate statutes;

1. Article 34 (3) 2 of the relevant Act and Article 22 (1) 3 of the Music Industry Promotion Act (the point of sale of alcoholic beverages and the choice of fines), Articles 34 (4) and 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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;