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(영문) 대전지방법원 홍성지원 2017.09.14 2017고정191
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

The Defendant is a person who operates the “C Singing Practice Center” in Boh City B.

Sing practice room business operators shall not sell or provide alcoholic beverages, or employ or arrange any entertainment loan, and they shall not allow juveniles to enter except for the hours prescribed by Presidential Decree (from 9 A.M. to 10 P.M.).

1. On December 15, 2016, at around 23:09, the Defendant: (a) sold to D cans four cans per cans into 4 cans and 4,000 won per 1 cans, with a total of KRW 16,00 won; and (b) assisted female contact loans with the above D to drink alcohol with music or dance; and (c) assisted the Defendant to have them enjoy entertainment by drinking alcohol together with the above D;

2. At around 02:30 on December 21, 2016, allowing juveniles E (at around 02:0 on December 21, 2016) to enter the said singing practice place;

3. On February 15, 2017, around 22:00, around 15, 2017, the instant singing practice place sold 1 1 ker (1.5 liter) to the F who served as a customer at 15,00 won.

As a result, the defendant provided alcoholic beverages to customers as music practice place business operators, arranged a entertainment loan, and allowed juveniles to enter the hours of juvenile access, thereby violating the code of practice of singing practice place business operators.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Photographs photographs of the violation site;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34(3)2, 22(1)3 (a) and 34(2), 22(1)4 (a)4, 34(3)2, and 22(3)2, and 22(1)2, and 22(1)2 (a)2 of the Act on the Promotion of Music Industry concerning facts constituting a crime; the choice 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;

1. The Criminal Procedure Act provides the defendant with the same criminal records as the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, and takes full account of other circumstances shown in the trial of this case, such as the defendant's age, sex, environment, and circumstances.

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