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(영문) 수원지방법원 2013.12.11 2013고정1983

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who actually runs a singing practice room business with the trade name “D” on March 9, 2012, with a view to making a sex viewing business on March 9, 2012.

Any person who intends to run a singing practice room business shall have the facilities for the singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism registered with the competent authority, and any karaoke practice room business operator shall be prohibited from selling or

Nevertheless, on December 14, 2012, the Defendant engaged in a singing practice room business without registering the singing practice room business with the competent authority on December 14, 2012, and sold 50,000 won to four male descendants on the name-unclaimed in the said singing practice room.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. A notification of investigation report and control of a public morals office;

1. Application of statutes on site photographs;

1. Article 34 (3) 1, Article 18 (1) of the Music Industry Promotion Act (the point of running a singing practice room business without registration), Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act (the point of selling alcoholic beverages), 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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserts to the effect that he was engaged in a music record and music video production at the instant place of business and did not engage in a singing practice room business.

2. The recognition of a singing practice room as a music record or music-video production establishment shall be the quantity of an act committed by a business entity among the music record or music-video production businesses as defined in subparagraph 8 of Article 2 of the Music Industry Promotion Act and the types of singing practice room businesses as defined in subparagraph 13 of Article 2 of the aforesaid Act;