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(영문) 대전지방법원 천안지원 2015.06.18 2015고정307

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “B”.

1. No person who runs a singing practice room business shall sell or provide any alcoholic beverage in his/her business establishment;

Nevertheless, at around 20:00 on November 10, 2014, the Defendant sold alcoholic beverages equivalent to KRW 40,000,000,00, such as can cans, 5 cans, 1 cans, and 1 cans, to one customer, other than D.

2. No one shall, for the purpose of profit-making, arrange any person to provide entertainment to customers by drinking alcoholic beverages with them, singing or dancing;

Nevertheless, as the defendant demanded D to give a chance to a customer at the same time and place as Paragraph 1, the defendant arranged two female Dozers who are presumed as 40, to drink with the above D and one other, and received 60,000 won in return.

Summary of Evidence

1. Defendant's legal statement;

1. Description in D’s written petition;

1. Application of the Acts and subordinate statutes described in the investigation report (dynamic image CD analysis);

1. Article 34 (3) 2, Article 22 (1) 3 (Article 22 (1) of the Music Industry Promotion Act (Article 34 (3) 2, Article 22 (1) 3) of the same Act concerning facts constituting an offense, and Articles 34 (4) and 22 (2) of the Music Industry Promotion Act (Article 34 (3) of the same Act concerning brokerage of adjacent loans,

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the maximum amount of the crimes above shall be the maximum amount] among concurrent crimes, as provided for in the violation of the Music Industry Promotion Act due to the sale of heavy alcoholic beverages;

1. Articles 70 (1) 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;