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(영문) 수원지방법원 안양지원 2016.07.05 2016고정48
음악산업진흥에관한법률위반
Text

A defendant shall be punished by a fine of 400,000 won.

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 with the trade name called D's singing practice hall in Ansan-gu C.

A sing practice room business operator shall not admit juveniles except for the hours for admitting juveniles prescribed by Presidential Decree (09:0 to 22:00).

Nevertheless, on November 25, 2015, the Defendant violated the rules of the practice hall operator by receiving 5,000 won from three persons, including juvenile E (n, 18 years of age) at the above singing practice place and singing practice room 9.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F and G;

1. Application of statutes on site photographs;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 2 of the same Act concerning criminal facts and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The gist of the facts charged was that the Defendant: (a) received KRW 15,00 from seven young people, including H ( South, 15 years old) at a place on which the facts charged are recorded; and (b) entered the above singing practice room five rooms; and (c) violated the rules of the singing practice hall operator.

2. Article 2 subparag. 6 of the former Regulation of Customs Business Act (amended by Act No. 5925 of Feb. 8, 1999) and Article 2 subparag. 5 of the former Enforcement Decree of the Regulation of Customs Business Act (amended by Presidential Decree No. 16435 of Jun. 30, 199) allow juveniles to enter a singing practice hall, but Article 5 subparag. 6 of the Enforcement Decree of the same Act allows juveniles to enter a singing practice hall, “where accompanied by a guardian, relative, or supervisor of at least 18 years of age or older.”

In this regard, the Supreme Court is 18 years of age or older who can enter a singing practice room with juveniles. The Supreme Court is 18 years of age or older who is able to protect and guide juveniles accompanied by persons with parental authority on behalf of persons with parental authority within the spatial and time range of the singing practice room.

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