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(영문) 서울북부지방법원 2014.02.06 2013고정2718
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a singing practice room business operator who operates a singing practice room with 401 square meters (per approximately 120 square meters) in Jung-gu Seoul Metropolitan Government, with 13 singing practice rooms.

1. On July 29, 2013, the Defendant received 6,000 won from four customers, whose name cannot be known in the said singing practice room 3 room, and sold 2 residues of alcoholic beverages, which are alcoholic beverages.

2. On August 8, 2013, at around 03:55, the Defendant: (a) received money from two customers who are unable to know their names in the said singing practice room, and (b) assisted a loan by having Defendant E and F receive money from them to drink with customers; (c) drink and dance with them; and (d) encourage them to provide entertainment.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Each police suspect interrogation protocol concerning E and F;

1. Each police statement of G and H;

1. A copy of a registration certificate;

1. Application of the Acts and subordinate statutes governing enforcement photographs;

1. Article 34 (3) 2 of the Act on the Promotion of Music Industry and the Selection of Punishment for Crimes and Article 22 (1) 3 of the Act on the Promotion of Music Industry and Article 34 (2) and Article 22 (1) 4 of the Music Industry Act (the point of arranging adjacent loans and the selection of fines);

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

1. Articles 70 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;

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