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(영문) 대구지방법원 서부지원 2018.12.13 2017고정927
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

The Defendant is a person who operates a singing practice hall in the name of “Csing practice hall” on the Daegu-gu B and the first underground floor.

(a) No sales singing practice room business operator shall sell or provide alcoholic beverages;

Nevertheless, on October 2, 2017, from around 20:45 to 21:05, the Defendant violated the code of practice by selling 20,000 won in total to three customers, such as D, in the above singing practice room, from around 20:45 to 21:05.

(b) No entertainment practice room business operator shall employ any entertainment loan or arrange any other person to provide a service;

Nevertheless, the Defendant, at the same time, at the same place as the above “A” and at the same place, received a demand from the said customers to buy a letter, and thereby, the Defendant, upon receiving KRW 30,000 per hour, received 30,00 won per hour from the said customers and assisted the said customers to engage in drinking and singing with the said customers, thereby violating the matters to be observed by the said customer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police in relation to G, F, and E;

1. Reporting on the arrest of a case;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of field control photographs);

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

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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