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(영문) 수원지방법원 2017.11.16 2017고정2068

음악산업진흥에관한법률위반

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a singing practice place operator who operates a singing practice hall in Ssing B at the time of harmony.

1. No singing practice room business operator shall employ or arrange any entertainment service providing entertainment services to customers by singing or dancing;

Nevertheless, on March 17, 2017, the Defendant: (a) around 19:58 on March 17, 2017, ordered one male customer who entered the above singing practice room to receive 30,000 won per hour; and (b) assisted female customer members D to provide entertainment to customers.

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

Nevertheless, the defendant sold 5 cans (5,000 won per cans) to one male customer who entered the above singing practice place at the above time, at 25,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s authenticity and written statements;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant legal provisions of the Act on the Promotion of Music Industry, Articles 34(3)2, 22(1)3 (a) and 34(2), and 22(1)4 (a) and 22(1)4 (a) of the Act on the Promotion of Music Industry, which relate to criminal facts, and the selection of fines for negligence;

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;