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(영문) 서울북부지방법원 2016.08.16 2016고정1526

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall in the name of “Csing practice hall” on Dobong-gu Seoul Metropolitan Government and on its floor.

1. No singing practice room business operator shall arrange a loan for entertainment;

Nevertheless, on March 19, 2016, the Defendant: (a) sought from D, a customer who found a place around 21:40 on March 19, 2016; (b) and (c) assisted E, a customer, to whom he was able to do so, by allowing E, to take part in the time of the customer.

2. No singing practice room business operator shall sell alcoholic beverages;

Nevertheless, the defendant sold to the above customer D one can cans which are alcoholic beverages at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Second-time protocol of interrogation of suspects of police officers against E;

1. E statements;

1. Control records, certificate of registration for the sing practice place business, on-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation and investigation reports (F telephone conversations between a police officer and a police officer responsible for supervision);

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;