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(영문) 부산지방법원 동부지원 2017.04.27 2017고정48
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of two 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 hall with the trade name “C” in Busan-gun B.

1. No alcoholic beverage dealer shall sell or provide alcoholic beverages;

Nevertheless, at around 01:10 on October 2, 2016, the Defendant sold alcoholic beverages by selling 5 bottles to each of the non-real-name customers at around 01:2 and 3 studios.

2. No singing practice room business operator shall employ nor arrange a loan for entertainment;

Nevertheless, the Defendant: (a) entered the above room to pay KRW 30,00 per hour to entertainment D and E at the above time and place; and (b) arranged a contact loan by making the said customer drink with drinking, singing, and singing together.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of suspects of D or E;

1. Application of Acts and subordinate statutes of a criminal investigation report (14th page of evidence record), each photograph (17th page of evidence record);

1. Relevant Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a point of providing alcoholic beverages), Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act (a point of arranging a loan), and the 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. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. With regard to the criminal facts stated in the summary of the Defendant’s assertion, only the number of beverages in the name of the product “Hfe” was sold in the instant singing practice room 2, without any sales of alcoholic beverages.

2. According to the evidence of judgment, even though police officers employed a contact loan at the instant singing practice room and called up for business, the Defendant did not open approximately 20 entrance doors, and the police officers dispatched after the entrance was open.

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