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(영문) 서울남부지방법원 2016.06.28 2016고정757
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant

A is the owner of the “C Singing Practice Center” on the first floor of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and Defendant D is the person who works in the said Sing Practice Center as the holder of the word “Cing Practice Center.”

1. A music practice room business operator shall not sell or provide alcoholic beverages at his/her establishment;

Nevertheless, at around 21:00 on January 16, 2016, the Defendant sold 4 cans to three male people who are not aware of the names of customers in the instant singing practice place at around 21:00, 4 cans to 4,000 per unit, and 1 cans to 5,000 won per unit.

2. No sing practice provider shall arrange or hire any loan for singing practice;

Nevertheless, the defendant shall pay 30,000 won per man/person who is requested by three male guests at the above date and time, and he knows that he was aware of the fact.

D, E and F, together with customers, assisted them to engage in entertainment by drinking alcohol, singing or dancing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) of the Act on the Promotion of Music Industry, Article 34(3)2, and Article 22(1)3 (a) of the Music Industry Promotion Act, and Article 22(1)3 (a) of the Act on the Promotion of Music Industry, the selection of fines for each crime;

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;

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

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