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(영문) 서울남부지방법원 2016.01.21 2015고정2334
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A sing practice room business operator shall not arrange for a entertainment loan or sell alcoholic beverages.

1. On April 8, 2015, around 8:30, the Defendant: (a) requested that three male customers, who were found in this place at “Csing practice hall” operated by himself/herself in Gangseo-gu Seoul Metropolitan Government “B and branch,” talked with E, who is the head of the Dsing room, and assisted F and G to drink entertainment with male customers, by having them drink with music or dance.

2. The Defendant sold 4 cans cans kept in a cooling house (market price of KRW 12,00) to the Defendant, when three male customers who found in a place different from the date and time stated in paragraph 1, and at the same time, request for drinking.

3. On the same day, the Defendant asked three male customers who have found in this place at around 9:50, and requested them to do so, and the Defendant assisted H, I, and J to engage in entertainment by drinking, singing, or dancing with male customers in the same manner as described in paragraph 1, in a manner as described in paragraph 1.

4. The Defendant sold 5 cans cans kept in a cooling house (market price of KRW 15,00) to the Defendant, upon requesting three male customers who found in a place at the time and place specified in paragraph 3 to request drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of a police officer in relation to J, I, H, F, E, K, G, or L;

1. Application of the registration certificate of singing practice place and the Acts and subordinate statutes governing field photographs;

1. Article 34 (2), Article 22 (1) 4, Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act concerning facts constituting an offense;

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. Imposition of a fine of KRW 5 million [former summary - KRW 5 million: ① The Defendant was discovered by arranging and selling cans through the “two times” on the day of the instant case, and ② the content of the crime is less than that of the crime.

(3) in this case.

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