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(영문) 대전지방법원 서산지원 2017.11.09 2016고정252

음악산업진흥에관한법률위반

Text

1. The sentence against the accused shall be 2,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a person who operates a singing practice hall in the name of "Dic Sing practice hall" on the fourth and fourth floor in Seosan City.

[2016 High 252] Sing practice room business operators shall not sell or provide alcoholic beverages to customers, or arrange a loan for entertainment.

Nevertheless, at around 01:00 to 01:50 on September 6, 2016, the Defendant: (a) sold to two persons, such as E, who were found to be customers, an entertainment arrangement was made by selling to 42,00cacs, 100cacs, etc. to 42,000 won; and (b) providing entertainment services, such as singing with entertainment loan funds and G for about one hour, and dance with customers.

[2017 High 196] Sing practice room business operators are prohibited from selling or providing alcoholic beverages to customers.

Nevertheless, around June 21, 2017, the Defendant violated the code of practice by selling and providing 2 cans to customers under his/her name to sell and provide 8,000 won to customers.

Summary of Evidence

[2016 High Court Decision 252]

1. Legal statement of the witness H;

1. A report on internal investigation on September 9, 2016, a report on the control of a public morals business place, and a statement on the control of public morals business;

1. On-site photographs (the counsel and the defendant are denied the charges).

However, according to the above evidence (e.g., the statement of the background leading up to the control of public morals business), a criminal fact can be found in the judgment that the Defendant sold alcoholic beverages and arranged for a loan for entertainment (see, e.g., the above evidence alone is insufficient to acknowledge the facts charged). The witness F’s statement that seems consistent with the Defendant’s defense counsel’s defense counsel’s opinion cannot be believed in view of the attitude or content of testimony, the relationship with the Defendant, and whether it conforms to other evidence.

Defense Counsel and Defendant’s argument shall not be accepted

[2017 High Court Decision 196]

1. Statement by the defendant in court;

1. Application of statutes on field photographs;

1. Article 34 of the Act on the Promotion of Music Industry and the Selection of Punishment for Criminal Facts, Article 34 of the Act on the Promotion of Music Industry and Article 22 of the same Act.