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(영문) 인천지방법원 2017.11.17 2017고정1467
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 hall in the name of “Ding practice hall” on the Incheon Gyeyang-gu C and the second floor.

1. A music practice room business operator shall not sell or provide alcoholic beverages;

Nevertheless, on April 10, 2017, the Defendant sold four cans to E, who are customers, at around 22:00, and at around 16,000.

2. No person who engages in singing practice room business shall employ or arrange a vaccination loan;

Nevertheless, the Defendant received 25,00 won per hour, and arranged for an entertainment loan by having the Plaintiff drink and dance together with the above E, at the time and place described in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Statement made by the police for E;

1. E statements;

1. On-the-spot photographs and card receipts [the defendant and his defense counsel did not have a singing door to E], but according to each of the above evidence, the defendant can sufficiently be recognized that he had a singing door to E.

(A) The Defendant: (a) although the Defendant was aware that a female who had drinking alcohol together with E was faced with E in sing corridor, it is difficult to understand it formally; and (b) according to the written statement prepared by the police station after the occurrence of the instant case, it is reasonable to deem that he had done singing at the time.)

Application of Statutes

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

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

3. Article 70 of the Criminal Act to attract a workhouse.

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