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(영문) 서울중앙지방법원 2018.01.17 2017고정3728

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 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 the name of “C” on the first basement in Seoul Special Metropolitan City, Gwanak-gu.

A singing practice room business operator shall not sell or provide alcoholic beverages, or employ or arrange a loan for entertainment.

1. On September 20, 2017, the Defendant provided the cans (500ml) 6 cans (500ml) to three customers, other than D (36 cm) who had been in the instant singing practice room, and received 4,000 won per one.

2. Around 02:00 on September 22, 2017, the Defendant received a demand from E (35 years of age) who was a customer in the instant singing practice room to provide entertainment services (or to provide entertainment services) and assisted F (47 years of age) to receive 35,000 won per hour and to provide entertainment services with the said customer and to encourage the said customer to provide entertainment services.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the interrogation of each police suspect against the defendant or F;

1. Each written statement of the defendant, D, F, and E;

1. Application of statutes governing field photographs at the time of detection;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34 (3) 2, 22 (1) 3 (the occupation of liquor sales and the selection of fines), and Articles 34 (2) and 22 (1) 4 (the Music Industry Promotion Act (the occupation of referral of loans and the selection of fines) concerning facts constituting an offense;

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;