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(영문) 춘천지방법원 강릉지원 2013.06.26 2013고정127
음악산업진흥에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall, for the purpose of profit-making, drink alcoholic beverages with customers, provide entertainment to customers by singing or dancing, or arrange any other person to provide such an act, and no karaoke machine business operator shall sell or provide any alcoholic beverage.

Nevertheless, the Defendant, at around 23:00 on November 1, 2012, operated a singing practice room with the trade name of “C singing practice room” located in Gangseo-si B, provided customers D who found the said practice room with alcohol such as 1 disease of beer, etc., and assisted them to provide customers who found the said practice room with alcohol such as 1 disease of beer, etc. for profit-making purposes by inducing them to provide customers with entertainment in company with alcohol and singing, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes of photographing;

1. Article 34 (3) 2 of the relevant Act and Article 22 (1) 3 of the Music Industry Promotion Act (the point of sale of alcoholic beverages and the choice of fines), Articles 34 (4) and 22 (2) of the Music Industry Promotion Act concerning facts constituting an offense;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (within the scope of adding up the maximum amount of two crimes)

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence misleads the Defendant to arrange the sale of alcoholic beverages and entertainment prohibited by the relevant statutes, but D, the informant of the instant case, has entered the place of singing practice in Gangseo-si and entered the place of singing practice as a customer, leading to a couple’s fighting, etc., on the ground that it is reasonable, ordering the owner of alcoholic beverages to do so, and even if there is no alcoholic beverage, it is another nearby marina.

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