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(영문) 광주지방법원 2018.01.16 2017고정1782

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a singing practice room operator who operates a mutual singing practice hall called “C” in Dong-gu, Gwangju.

No singing practice room business operator shall sell or provide alcoholic beverages or arrange a loan for entertainment.

On October 5, 2017, at around 20:30, the Defendant: (a) assisted two male customers, such as customers D (53) in the above singing practice room, by allowing two male customers to provide entertainment services; and (b) sold two service providers to the above customers for music practice with 10,000 won, thereby violating the rules of practice of the practice hall operator.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs, such as a certificate of registration of singing practice room business;

1. Relevant legal provisions of the Act on the Promotion of Music Industry, and Articles 34(2) and 22(1)4 (a) of the Act on the Promotion of Music Industry (the point of arranging a loan to a singing practice room business operator), Articles 34(3)2 and 22(1)3 of the Music Industry Promotion Act (the point of selling alcoholic beverages by singing practice room business operators), and each of the fines;

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

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