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(영문) 서울중앙지방법원 2017.11.23 2017고정3378
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

Defendant Songpa-gu Seoul

B. A person who operates a singing practice hall in the name of “C Sing practice hall” on the floor.

1. No singing practice room business operator shall sell or provide alcoholic beverages;

Nevertheless, on September 13, 2017, the Defendant violated the code of practice by selling 3,00 won per cans and 4,000 won per 1 cans to customers, and 3,000 won per 1 cans to customers at the above singing practice room at around 21:30 on September 13, 2017.

2. No singing practice room business operator shall employ or arrange a loan for entertainment;

Nevertheless, on September 13, 2017, the Defendant arranged the Defendant to drink with the customer, or to instigate the interest of the customer by singing or dancing, at the request of the customer, in the above singing practice room 3 around September 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements;

1. Report on internal investigation by the police and the criminal place; and

1. Application of the relevant Acts and subordinate statutes to registration certificates and field photographs;

1. Relevant Article 34 (3) 2, Article 22 (1) 3 (a) and Article 34 (2) 4 (a) of the Music Industry Promotion Act (a point of provision), Article 34 (2) and Article 22 (1) 4 (a point of provision) of the same Act concerning facts constituting an offense, and the choice of fines;

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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