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(영문) 의정부지방법원 2013.09.26 2013고정621

식품위생법위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who has reported the production of music records and music video products to the head of Scheon-si with the trade name of “D” from the first floor of Scheon-si C, and operates a singing practice room.

At around 22:00 on December 20, 2012, the Defendant provided two male grandchildren, including E, who were customers in the above D, to provide one caner, and pay 25,000 won per hour to the loan F, and introduced to the above male grandchildren to provide them with dancing and singing, and run singing practice room business without registering with the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes on control field photographs;

1. Article 34 (3) 1 of the Act on the Promotion of Music Industry, Articles 18 (1) (in the case of running a singing practice room business without registration), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (in the case of sales of alcoholic beverages), Articles 34 (4) and 22 (2) of the Music Industry Promotion Act (in the case of brokerage of entertainment business), and selection of fines for negligence;

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

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The defendant and his/her defense counsel's assertion that ① not running a singing practice room, but running a music-video production room as provided for in Article 16 of the Music Industry Promotion Act, and ② even if running a singing practice room, as long as he/she reported as a music-video production business in accordance with the Music Industry Promotion Act, it does not need to separately register a singing practice room business, and ③ there is no arrangement for entertainment.

2. Determination

(a) The promotion of the music industry as to whether the defendant has operated a singing practice room or operated a music video production business;