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(영문) 광주지방법원 2020.01.31 2019고정508

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant

A (n, 47 years of age) is a karaoke machine operator B. A.

Any person who runs a singing practice room business shall be prohibited from selling alcoholic beverages.

Nevertheless, at around 22:00 on March 13, 2019, the Defendant provided 70,000 alcoholic beverages equivalent to the market price of 70,000 won by providing 5 lines of notification to 1 male customers in the building of North-gu, Gwangju, and 2 singing practice room in the 1st underground floor.

(b) No person shall, for the purpose of profit-making, arrange any other person to provide entertainment to customers by drinking alcoholic beverages with them, singing or dancing with them;

Nevertheless, the defendant, at the above date and place, assisted male guests to receive 30,000 won per hour and to receive 30,000 won per hour.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Control note;

1. Application of statutes on site photographs;

1. Article 34 (3) 2 and Article 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sale of alcoholic beverages), Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act concerning facts constituting an offense, the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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