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(영문) 광주지방법원 2017.05.11 2017고정363
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 singing practice hall in the name of "Ding practice hall" on the Seo-gu C2 of Gwangju Metropolitan City.

A singing practice room business operator shall not sell or provide alcoholic beverages, and he/she shall not drink alcoholic beverages with customers, provide entertainment to customers by singing or dancing in a singing practice place for profit-making purposes, or arrange other persons to provide such an act.

Nevertheless, at around 21:00 on November 10, 2016, the Defendant received 280,000 won in cash from two male customers, including E, from two male customers, including E, and provided them with a meeting room of 20 concurrently. The Defendant arranged two male customers to drink together with the above male customers or to provide them with entertainment by singing or dancing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)2, 22(1)3 (a) of the Act on the Promotion of Music Industry (the point of selling and offering alcoholic beverages by a singing practice room business operator), Articles 34(4) and 22(2) of the Music Industry Promotion Act (the point of arranging singing practice room visitors), and selection of fines for each crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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