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(영문) 수원지방법원 2017.01.11 2016고정2875
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 2.5 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 with the trade name "C Sings" in Osan City B.

A singing practice room business operator shall not employ or arrange any entertainment loan in a singing practice place, and shall not sell or provide alcoholic beverages.

Nevertheless, at around 00:05 on September 11, 2016, the Defendant: (a) sought the place of the instant singing practice room No. 3; and (b) made it possible for the Defendant to provide guests with entertainment by dancing or singing; and (c) sold to the customers a sum of KRW 12,000 per hour on condition that the female-domine E (38 years old), F (43 years old), G (40 years old) received KRW 28,00 per hour on condition that the female-domine will receive KRW 28,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police in relation to G, F, and E;

1. Application of Acts and subordinate statutes, such as photographs of control sites;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Point of sales of alcoholic beverages: Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act;

(b) The point of loan arrangement: Selection of fines under Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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