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(영문) 수원지방법원 안산지원 2017.02.02 2016고단4570
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall with the trade name “C” in Ansan-si, Ansan-si.

A singing practice room business operator shall not sell or provide alcoholic beverages at a singing practice place for profit, and shall not arrange for employment of entertainment service providers.

On October 19, 2016, the Defendant received a total of 16,00 won from two customers, such as D, and sold cans, beer, 4 cans, etc., and violated the obligations of a singing practice room business operator. The Defendant arranged for entertainment by allowing female entertainment service providers E to drink with the said customers or to provide entertainment to customers by singing or dancing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police interrogation protocol concerning E;

1. To enter each registration certificate of singing practice place and reports on control of good morals places of business;

1. Application of statutes on images of on-site photographs;

1. Relevant legal provisions for facts constituting an offense, and Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act (a point of arranging a loan at a singing practice place) of the same Act, Articles 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act (a point of selling alcoholic beverages at a singing practice place) of the same Act, and choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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