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(영문) 서울북부지방법원 2015.04.15 2015고정599
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room in Seongbuk-gu Seoul Metropolitan Government with the trade name of “C King practice room”.

1. Despite the fact that a karaoke machine business operator does not sell or provide alcoholic beverages, the Defendant sold four cans, which are alcoholic beverages, to the instant singing practice room at around 02:00 on November 30, 2014, to the said singing practice room at around 02:00.

2. In spite of the fact that a karaoke machine business operator was prohibited from employing a entertainment loan, the Defendant, at the time and place specified in paragraph (1), entered the said customer’s workplace and arranged a entertainment loan by having the said customer enter the said room, D, E, etc. and allowing the said customer to take part in the time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police interrogation protocol to Defendant D, and E

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2, 22 (1) 3, 34 (2), and 22 (1) 4 of the Music Industry Promotion Act (the point of alcoholic beverage sales), and selection of fines for negligence;

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

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

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

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