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(영문) 서울북부지방법원 2016.05.09 2016고정611

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

1. No person shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services, on November 16, 2015, with the intention of committing an offense on a commercial basis;

Nevertheless, at around 22:30 on November 16, 2015, the Defendant: (a) received the cost of KRW 25,000 per hour from the customers; (b) provided four entertainment receptions including D, E, F, G, etc.; (c) three entertainment receptions including H, I, and J, and (d) three entertainment receptions, including H, I, and J, to the three entertainment rooms in which one male customer has been accommodated; and (c) provided entertainment receptions, such as having other female customers singing together with singing.

2. On December 11, 2015, the Defendant: (a) around 01:00 on December 11, 2015, the Defendant: (b) provided entertainment services by having a male fingers receive KRW 25,00 per hour from a male fingers; and (c) having the entertainment receptions L provide singing with customers; and (d) had the entertainment receptions provide entertainment services.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of a police officer in relation to D, E, F, G, H, I, J, K, and M;

1. A written self-written statement of L;

1. Application of statutes on field photographs and field photographs;

1. Article 34 (4) and Article 22 (2) of the Music Industry Promotion Act (Selection of Fines) concerning facts constituting an offense; Article 34 (2) and Article 22 (2) of the relevant Act;

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;