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(영문) 서울동부지방법원 2017.04.18 2017고정136
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a "Creing room" in 7 and 8 of the first floor of Songpa-gu Seoul Metropolitan Government.

1. No person who sells alcoholic beverages at a singing practice place shall sell or offer alcoholic beverages at a singing practice place;

Nevertheless, at around 21:00 on November 28, 2016, the Defendant sold 20 cans per cans to nine male customers in one room and a special room at KRW 4,000 per cans to nine male customers, and KRW 5,000 per shop per tenant, and KRW 20 cans to be cans, and KRW 90,00 per career owner.

2. No sing practice provider shall employ any entertainment service, arrange any service, or provide any service to a customer;

Nevertheless, the Defendant directed nine male guests at the time, place, and place described in paragraph (1) with a single guest room and a special room, followed up to KRW 30,00 per hour, and sent them into singing rooms, such as D, E, F, G, H, I, J, K, and L, and let the said customers drink alcoholic beverages and talk with their singing.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of interrogation of the police officer in relation to J, D, G, H, I, K, E, M, or F;

1. Application of statutes on site photographs;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act (a sales of alcoholic beverages), and Article 22 (1) 4 (a) of the same Act concerning facts constituting an offense; the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Article 38 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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant recognized the instant crime; (b) the volume and value of liquor sold by the Defendant is not much significant; and (c) the Defendant had criminal records of criminal punishment for the same kind of crime; and (d) the Defendant’s age, sexual conduct, environment, motive or circumstance of the crime; and (b) the circumstances after the commission of the crime, etc. as indicated in the Disposition above.

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