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(영문) 서울동부지방법원 2018.05.15 2018고정349

음악산업진흥에관한법률위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a “Creing practice hall” on the first floor of Gwangjin-gu Seoul Special Metropolitan City.

1. No sales singing practice room business operator shall sell or provide alcoholic beverages;

Nevertheless, on December 28, 2017, the Defendant sold two cans to customers D in the instant singing practice place at around 22:30 on December 28, 2017.

2. No singing practice room business operator shall employ any entertainment loan nor arrange any entertainment service;

Nevertheless, the defendant arranged E as a entertainment loan on the condition that he pays KRW 30,000 per hour at the above date, time, and place, thereby allowing customers to drink with D, or to provide entertainment by singing or dancing.

Summary of Evidence

1. Statement by the defendant in court;

1. E-certificates and D statements;

1. Application of statutes on site photographs;

1. Relevant Article 34 (3) 2, Article 22 (1) 3, Article 34 (2), and Article 22 (1) 4 of the Music Industry Promotion Act concerning criminal facts, the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Article 38 of the same Act, which aggravated concurrent crimes;

1. In light of the sentencing conditions shown in the public trial of this case, the amount of fine prescribed in the summary order does not seem to be excessive even in light of the following: (a) the Defendant was sentenced to criminal punishment for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act; and (b) the amount of alcoholic beverages sold by the Defendant.