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(영문) 대전지방법원 2016.02.03 2015고정1099
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 in the name of "Ding practice hall" on the three-story building in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

A person who runs a music place business in violation of the Music Industry Promotion Act shall not sell or provide alcoholic beverages at the relevant place of business.

Nevertheless, around October 20, 2014, the Defendant received KRW 30,000 from the head of the Dong, etc. and sold cans 3 bottles, 3 bottles, and 1 to the head of the Si/Gun/Gu, etc. among those in the above D Singing practice room, and sold cans at the head of the Dong.

No person who violates the Music Industry Promotion Act (Good Offices) shall, for the purpose of profit-making, drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing.

Nevertheless, the Defendant, upon receiving the request from E at the same place as above 1. Paragraph 1., assisted the Defendant to provide entertainment to customers by dancing while drinking alcoholic beverages together with E, which is a guest.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. An investigation report (to attach screen pictures to the images of the video CDs);

1. Application of Acts and subordinate statutes on recording and video CDs;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34(3)2, 22(1)3 (a) of the Act on the Promotion of Music Industry (a sales by a singing practice room business operator), Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act on the Promotion of Music Industry (a brokerage for reception in a singing practice room), and each of the fines;

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. Article 70(1) and Article 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;

1. Article 186(1) of the Criminal Procedure Act provides that the judgment E on the defense counsel’s assertion of lawsuit costs shall sell alcoholic beverages to the Defendant who is the owner of a singing practice room and induce the Defendant to arrange for the help of the owner, and the process shall be kept confidential.

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