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(영문) 인천지방법원 2019.03.15 2018고정2772
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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 “Cking practice room” in the underground of the Yeonsu-gu Incheon Metropolitan City Building B.

1. No karaoke machine business operator who violates the Music Industry Promotion Act shall employ or arrange a loan for entertainment;

Nevertheless, at around 23:50 on September 6, 2018, the Defendant received a request from two persons, such as D, etc., who have been a customer in the Yeonsu-gu Incheon Metropolitan City B building B, to provide a singing room, and caused them to engage in entertainment by drinking together with the above customers, and thereby, violated the rules of practice of the karaoke machine business operator.

2. No karaoke machine business operator who violates the Music Industry Promotion Act shall sell or provide any alcoholic beverage;

Nevertheless, the defendant, at the same time and place as Paragraph 1, sold 5,000 cans per cans to the above customers, and violated the obligations of the singing practice room business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written E statement of the reporter;

1. Application of statutes, such as field photographs, settlement amount text messages, business registration certificates (No. 6,7,10 No. 10);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of adjacent loan brokerage), Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of alcoholic beverage sales) of the same Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the penalty determined for the violation of the Music Industry Promotion Act due to arrangement of heavy concurrent crimes);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in the court’s attitude to recognize and reflect all of the crimes of this case, and there is no record of punishment for the same kind of crime.

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