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(영문) 수원지방법원 안산지원 2017.11.23 2017고정1116

음악산업진흥에관한법률위반

Text

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

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

Reasons

Punishment of the crime

The defendant is the owner of a singing practice room B.

1. A singing practice room business operator shall not drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange any other person to provide entertainment services, for profit; however, the defendant shall not engage in such activities on May 24, 2017; < Amended by Act No. 14839, May 27, 2017>

C. ‘‘(3rd floor D’B singinging to receive KRW 30,000 per hour from D, which had been a customer, and arranging to allow Does E to provide entertainment services.

2. Although a singing practice room business operator is not allowed to sell or provide alcoholic beverages at the place of business, the Defendant sold three cans in total by 4,000 won per can from the said customer at the same time and place as ‘‘(A).

Accordingly, the Defendant violated the code of practice of singing practice providers.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and accompanying documents of the head of the Gu;

1. Application of the law of the police statement protocol to 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;

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