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(영문) 인천지방법원 부천지원 2013.11.22 2013고정1907

음악산업진흥에관한법률위반

Text

Defendant

A A Fines 1,00,000 won, Defendant B’s fine 1,50,000 won, and Defendant C’s fine 2,50,000 won.

Reasons

Punishment of the crime

Defendant

C The operators of the singing practice room of “D”, Defendant A, and B are the persons who worked for the singing practice room of “D” as a contact loan.

1. Defendant C:

A. On September 11, 2013, around 23:00, at Kimpo-si, the Plaintiff received KRW 25,000 per hour from two members, such as “D” singing practice room F per customer, located under the ground of E, Kimpo-si, Kimpo-si, and arranged Defendant A and Defendant B to provide entertainment to customers;

(b) preceding (a)

At the same time and place as the paragraph, two customers such as F are provided with 3,000 won per unit, and three cans cans are sold.

2. Defendant A from around 23:00 on September 11, 2013

9. Around 00:20 on December, 12, 198, between Kimpo-si and Kimpo-si, “D” 1st underground floor of E-Spo-si, provided entertainment to customers.

3. From around 00:00 on September 12, 2013 to around 00:20, Defendant B provided visitors with the “D” singing practice giving rise to amusement to customers within one singing practice room located under the underground floor of Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of F and G;

1. Application of the photographic Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A and B: Articles 34(4) and 22(2) of the Music Industry Promotion Act (the occupation of entertainment visitors) and each fine is imposed on Defendant A and B;

B. Defendant C: Determination of a fine for negligence under Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act; Article 34(3)2 and Article 22(1)3 (a) of the Music Industry Promotion Act; Article 22(1)3 (a) of the same Act

1. Defendant C from among concurrent crimes: 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 detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;