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(영문) 서울북부지방법원 2017.08.21 2017고정1152
음악산업진흥에관한법률위반
Text

Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay each of the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A is an employee of "D's singing practice place" located under the Gangnam-gu Seoul Metropolitan Government, and Defendant B is the owner of the above singing practice place.

1. Defendant A

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

Nevertheless, from around 00:00 to around 00:30 on March 2, 2017, the Defendant sold five beer cans to E (59) and one other, who had been a guest in the instant singing practice place, from around 00:30.

B. Although a singing practice room business operator should not employ a entertainment loan, offer a good offices, or offer a good offices, Defendant 1, at the time and place set forth in the above “A”, and at the request of customer E, provided a loan to offer two women who are not given a name by a hour, and provided a service to provide a customer with a singing together with the customer and encourage them to provide entertainment.

2. Defendant B, an employee of the Defendant, sold alcoholic beverages to the Defendant at the same time and place as the above “A” and arranged the helper to do so.

Summary of Evidence

1. Defendants’ respective legal statements

1. Reporting on detection of a business establishment in violation of the Music Industry Promotion Act;

1. Statement made by the police for E;

1. Application of statutes on site photographs;

1. Article 34(3)2, Article 22(1)3 (the point of sales of alcoholic beverages), Article 34(2), and Article 22(1)4 (the point of sales of alcoholic beverages), and Article 22(1)4 (the point of sales of entertainment loans) of the Music Industry Promotion Act, Defendant B who is subject to a fine, and each type of fine, Defendant B: Articles 35, 34(3)2, and 22(1)3 of the Music Industry Promotion Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

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

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