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(영문) 수원지방법원 2017.08.17 2017고정1676

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 operates a singing practice hall in Ssung B.

1. No person who operates a singing practice hall for loan brokerage shall employ any loan for entertainment;

Nevertheless, at around 03:50 on February 11, 2017, the Defendant: (a) received a request from four customers D, etc. to leave the above C Singing practice room; (b) provided a service loan E, F, G, and H with KRW 30,00 per hour; and (c) provided a singing together with the said customers.

Accordingly, the defendant arranged the entertainment loans to customers.

2. No alcoholic beverage dealer shall sell or provide alcoholic beverages;

Nevertheless, the defendant sold five cans to customers at the time and place specified in Paragraph 1, and at the same time and place, the amount of KRW 10,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to E, F, H, and G;

1. Scenic photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act (a sales of alcoholic beverages), and Article 22 (1) 4 (a) of the same Act concerning facts constituting an offense; the selection of 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are against the Defendant’s wrong recognition of his/her fault, the primary offender, and other various circumstances that form the conditions for sentencing as shown in the record, and the sentence is to be determined as indicated in the text.