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(영문) 인천지방법원 부천지원 2014.10.30 2014고정798
음악산업진흥에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who runs a singing practice room business with the trade name of “D” in Seocheon-si, Seocheon-si C.

Any karaoke machine business operator shall not sell alcoholic beverages in his/her place of business, and no one shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services.

Nevertheless, at around 22:00 on January 11, 2014, the Defendant provided three persons, including E, who are customers in the above D with cans, such as cans, 16 cans, etc., and assisted F to attract entertainment by drinking 25,00 won per hour with the above E, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Police suspect interrogation protocol regarding F;

1. Notification of departments related to the 112 Incident Report, field photographs, copies of certificates of registration of singing practice rooms, notification of administrative dispositions regulating public morals establishments, reports on investigations, and application of statutes on telephone details;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sale of alcoholic beverages), Articles 34 (4) and 22 (2) (the point of mediation of reception of reception of entertainment) of the Music Industry Promotion Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant's selling of alcoholic beverages did not know or know that he sold alcoholic beverages, and F did not arrange entertainment activities since E is a good example.

2. The purport of the judgment is that E sells beer and arranged a loan from a singing room operated by the Defendant from an investigative agency to this Court.

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