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(영문) 인천지방법원 부천지원 2016.09.30 2016고단1744
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor of four months, and by a fine of five hundred thousand won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. On March 25, 2016, Defendant A, at the time of the cancellation of the registration of the business of good offices, etc., the Defendant: (a) received a music fee from the “D Singing practice place in the Ocheon-gu, Ocheon-gu; and (b) assisted E, F, etc. to provide singing in the above singing practice room 1 and 2; and (c) assisted B, G, and H to provide entertainment to customers by drinking alcohol with customers, singing, or dancing with customers, such as E, and F.

Accordingly, the defendant carried out unregistered singing practice business and arranged entertainment activities.

2. Although Defendant B was not allowed to drink with customers or provide entertainment to customers by singing or dancing in a singing practice place for profit, the Defendant agreed to receive KRW 25,00 per hour at a singing practice place on March 25, 2016, and agreed to receive KRW 25,000 per hour on March 25, 2016, and provided entertainment with E, who are customers, while drinking together with dancing and singing.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A protocol concerning the examination of each police officer in relation to G or H;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant legal provisions concerning criminal facts;

A. Articles 34(3)1 and 18(1) (a) of the Music Industry Promotion Act (a) of the same Act; (b) Articles 34(4) and 22(2) of the same Act (a) of the same Act; (c)

B. Articles 34(4) and 22(2) of the Music Industry Promotion Act (a point where a person commits an act of entertainment for profit)

1. The choice of Defendant A’s option of punishment shall be punished by imprisonment and a fine, respectively, for each crime committed by Defendant A

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62(1) of the Criminal Act (the circumstances favorable to the Defendant);

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