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(영문) 광주지방법원 2014.04.22 2013고단6379
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “C” singing practice room in Seo-gu, Gwangju.

"2013 Highest 6379"

1. No one shall, for the purpose of profit-making, drink any alcoholic beverage with a customer, provide entertainment to any customer by singing or dancing, or arrange any other person to provide such service;

Nevertheless, on September 24, 2013, from 22:00 to 22:45 on September 24, 2013, the Defendant assisted the instant singing practice of entertainment with customers D, E, and Buddhist guests while drinking alcohol together with their influences.

2. Even if a singing practice room business operator is prohibited from selling or providing alcoholic beverages, the Defendant provided three bottles, respectively, after receiving KRW 10,000 from an unclaimed customer who had been in the said singing practice room at the said time and place, the Defendant provided two bottles for beer and received KRW 15,00 from an unclaimed customer who had been in the five rooms, respectively.

Although a singing practice room business operator of "2014 Highest 498" was prohibited from selling alcoholic beverages, the Defendant sold at around 22:40 on February 8, 2014 the instant singing practice room to three customers, such as F, etc. at KRW 25,000 of the price of the instant singing practice room.

In the singing practice room of the 2014 Highest 744, the Defendant was prohibited from selling or providing alcoholic beverages to customers. On February 7, 2014, the Defendant sold to three customers, such as G, etc. at the said singing practice room around 22:00, the Defendant sold to 40,000 won the price of one disease, one disease, and one day-to-day.

Summary of Evidence

"2013 Highest 6379"

1. Defendant's legal statement;

1. Each written statement of D and E;

1. On-site photographs and related materials "2014 Highest 498";

1. Defendant's legal statement;

1. Each letter of authorization of H and G;

1. Registration certificate of singing practice room business;

1. Photographs "2014 Highest 744";

1. Defendant's legal statement;

1. G statements;

1. Photographs taken at the time of crackdown;

1. Application of a copy of registration certificate of a singing practice room;

1. Each relevant Article of the Act concerning criminal facts;

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