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(영문) 서울북부지방법원 2013.09.30 2013고정2281

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of three 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 operates a singing practice room with a trade name called “Csing room” from the Gangnam-gu Seoul Metropolitan Government’s underground level.

1. No karaoke machine business operator shall sell or provide any alcoholic beverage;

Nevertheless, around 04:00 on April 11, 2013, the Defendant sold 1 bottles and 2 cans to D, customers, at the second room of the above singing practice room.

2. 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, or arrange any other person to provide such service;

Nevertheless, the Defendant, at the date, time, place, and place mentioned in the above 1. Paragraph 1., as the Defendant demanded to provide a baby with which D, a guest, would be able to provide a baby by themselves, leading E to the above 2 studio, and arranged to provide a guest with entertainment in company with D while holding in company with D.

Summary of Evidence

1. Defendant's legal statement;

1. Each suspect interrogation protocol of the police about D, and third suspect interrogation protocol of the police about E;

1. Application of each statute on photographs;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sale of alcoholic beverages), Articles 34 (4) and 22 (2) (the point of referral of reception of reception of entertainment) of the Music Industry Promotion Act concerning facts constituting an offense, the choice of fines for negligence, and the 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. 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;