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(영문) 수원지방법원 안산지원 2016.04.20 2016고정455

음악산업진흥에관한법률위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is a person who operates a singing practice hall in the Gu B or underground of Ansan-si.

A singing practice room business operator shall not sell or provide alcoholic beverages, or drink alcoholic beverages with customers in a singing practice place, or arrange customers to provide entertainment services by singing or dancing in a singing practice place for profit.

1. On February 7, 2016, around 00:30 on February 7, 2016, the Defendant sold nine cans, which are alcoholic beverages, to D, customers, nine cans and twos which are alcoholic beverages to KRW 46,00 in total.

2. The Defendant: (a) received the foregoing time, place, demand from D to give an advice; and (b) assisted the entertainment of customers for profit by having a customer drink with E (Suspension of Prosecution on the same day); (c) drink, F, and G with D to drink and singing together with D; and (d) assisted the entertainment of customers for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. A certificate of registration of singing practice place business;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Promotion of Music Industry, and Articles 34(3)2, 22(1)3 (a) of the Act on the Promotion of Music Industry (a point where alcoholic beverages are sold by a singing practice room business operator), Articles 34(4), 22(2) of the Music Industry Promotion Act, and each choice of fines;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act by aggravation of concurrent crimes (in cases of a defendant having the same criminal record and one time, but the confession and reflect of the defendant, and there is no record of punishment exceeding the fine, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.