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(영문) 서울동부지방법원 2017.05.12 2016고정2051
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a singing practice room operator who operates the "Csing practice hall" in Gwangjin-gu Seoul Special Metropolitan City.

A singing practice room business operator shall not sell or provide alcoholic beverages, and he/she shall not arrange any entertainment for customers by drinking alcoholic beverages with customers, singing or dancing in a singing practice place for profit.

Nevertheless, at around 00:00 on September 8, 2016, the Defendant: (a) received a demand from two male customers to drink; (b) had D and E drink drink to drink with the above customers; (c) had them drink with the above customers; (d) had them provide entertainment to customers by singing or dancing; and (e) sold alcoholic beverages worth KRW 49,000 in total, including eight cans, etc. to the above customers.

Summary of Evidence

1. The written statement of the defendant;

1. A protocol concerning the examination of suspects of D;

1. Application of F’s written Acts and subordinate statutes;

1. Article 34 of the Act on the Promotion of Music Industry, Article 34 (3) 2 of the Act on the Promotion of Music Industry, Article 22 (1) 3 of the Act on the Promotion of Music Industry (a sales of alcoholic beverages), Article 34 (4), Article 22 (2) of the Music Industry Promotion Act (a brokerage of entertainment activities), and the selection of fines;

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

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