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(영문) 서울동부지방법원 2014.09.12 2014고정1252
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room in the name of Seongdong-gu Seoul, Seongdong-gu, Seoul, and the first basement.

1. No one shall engage in, or arrange to engage in, any entertainment at a singing practice room for profit;

Nevertheless, at around 23:00 on May 15, 2014, the Defendant: (a) received a demand from customers D to get a member of the said singing room; (b) provided a demand to provide a member of the entertainment room with KRW 30,000 per hour; and (c) assisted E to provide a member of the entertainment room with drinking alcohol together with the foregoing D, or provide a member of the entertainment room with music or dance for profit.

2. Any karaoke machine business operator who sells alcoholic beverages shall be prohibited from selling alcoholic beverages in singing rooms;

Nevertheless, the Defendant sold two cans to customers D at 6,00 won at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Article 34 (4) and Article 22 (2) of the Music Industry Promotion Act (the point of arranging entertainment activities), Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act (the point of selling alcoholic beverages), the selection of a fine for each crime;

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

1. Articles 70 (1) 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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