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(영문) 의정부지방법원 2014.01.23 2013고정2843

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The Defendant is a person who operates a “Cking practice room” with the first floor of the underground floor of B building in Namyang-si.

No one shall, for the purpose of profit-making, drink any alcoholic beverage with a customer, provide entertainment to any customer by singing or dancing, and any karaoke machine business operator shall be prohibited from selling alcoholic beverage.

Nevertheless, around 10:12 on May 16, 2013, the Defendant sold two cans to customers D two cans to each other, and received KRW 25,000 per hour and together received KRW 25,000 per hour, and breached the obligation of a karaoke machine business operator to provide entertainment by dancing and singing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of D's reports and written statements to Acts and subordinate statutes;

1. Relevant provisions for facts constituting an offense, Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (a point of providing alcoholic beverages), Articles 34 (4) and 22 (2) of the Music Industry Promotion Act (a point of providing alcoholic beverages), and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;