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(영문) 서울서부지방법원 2016.06.03 2016고정574
학교보건법위반등
Text

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

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall with the trade name “C” on the Seodaemun-gu Seoul Western-gu B’s branch.

1. Violation of the Music Industry Promotion Act;

A. On July 31, 2015, from around December 23, 2015 to around December 23, 2015, the Defendant, without registering with the competent Gu office, made five rooms in the area of about 89 square meters, installed five singing rooms in each room, and received 20,000 won per hour from customers discovered by installing singing machines, and run singing practice place business.

B. Although a singing practice room business operator is prohibited from selling or offering alcoholic beverages, the Defendant received 30,000 won from his nameless customers in the above singing practice room 2 room around December 23, 2015, and sold cans to liquor 10,000 alcoholic beverages.

2. A person in violation of the Health Act was prohibited from operating a singing practice room business in a school environment sanitation and cleanup zone, but the Defendant, at the time of entry of paragraph 1, installed five singing rooms in the above place in the school environment, at the same time of entry of paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written accusation;

1. Application of statutes on field photographs;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34(3)1, 18(1)2, 34(3)2, and 22(1)3 (a) of the same Act on criminal facts; (b) Articles 19(2) and 6(1)20 (a) of the School Health Act (a point where alcoholic beverages are sold as a singing practice room business operator); and (c) each selective fine;

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

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

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

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