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(영문) 서울남부지방법원 2018.05.17 2018고단1379
음악산업진흥에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a “Creing practice hall” on the first floor of Gangseo-gu Seoul Metropolitan Government B.

1. On February 19, 2018, the Defendant violated the Music Industry Promotion Act: (a) entered the six houses of the above singing practice hall, a juvenile, D (the age of 16), E (the age of 16), and 16) in the six houses of the above singing practice hall.

Accordingly, the defendant allowed a juvenile to enter a singing practice place in addition to the hours for admitting as prescribed by the Presidential Decree.

2. The Defendant violated the Music Industry Promotion Act and the Juvenile Protection Act: (a) sold and provided alcoholic beverages, which are drugs harmful to juveniles, equivalent to KRW 9,000, in total, 16 years of age, E (n, 16 years of age) and E (n, 16 years of age) and adult male F, etc. per week, to juveniles who had access to the same at the time and place under Paragraph (1).

Accordingly, the defendant sold and provided alcoholic beverages as a singing practice room business operator and sold drugs harmful to juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Article 34(3)2, Article 22(1)2 (a) of the Music Industry Promotion Act (a point of access by juveniles), Article 34(3)2, and Article 22(1)3 (a) of the Music Industry Promotion Act (a point of offer of alcoholic beverages), Article 59 subparag. 6, and Article 28(1) of the Juvenile Protection Act (a point of sale of drugs harmful to juveniles) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it is between a violation of the Music Industry Promotion Act which is decided by the offering of alcoholic beverages for sale and a violation of the Juvenile Protection Act which is decided by the holding);

1. Selection of each alternative fine for punishment (the defendant recognized the crime of this case and reflected in the crime of this case, and the juvenile's access to a singing practice room is accompanied by a man who has sexual intercourse, etc.);

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;

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