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(영문) 서울남부지방법원 2013.10.14 2013고정2842
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any karaoke machine business operator shall not sell or provide alcoholic beverages, and no one shall assist any customer in drinking alcoholic beverages together with his/her customers, singing or dancing in a singing machine for the purpose of profit-making.

Nevertheless, at around 02:10 on June 28, 2013, the Defendant: (a) sold three cans to D to customers in Gangseo-gu Seoul Metropolitan Government for KRW 9,000; (b) ordered 25,000 per hour to give 25,00 won to women who are female guests whose name cannot be known at the above D’s request; and (c) assisted the said Dos by having them sing or dance together with the above D.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Certificate of registration of singing practice room business;

1. Copy of a receipt;

1. Photographs of the business establishment and alcoholic beverages;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sale of alcoholic beverages), Articles 34 (4) and 22 (2) (a point of referral of entertainment) of the Music Industry Promotion Act, and selection of fines for negligence;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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