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(영문) 서울중앙지방법원 2016.10.18 2016고정2911
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

No karaoke machine business operator shall provide alcoholic beverages or arrange a loan for entertainment.

1. Around 00:00 on April 22, 2016, the Defendant sold cans and 20 cans to the male grandchildren on his/her name in a singing practice room run by himself/herself in Gwanak-gu in Seoul Special Metropolitan City, and sold 10 cans to the other male grandchildren on his/her name in the third room of the said establishment.

2. The Defendant introduced 30,00 won per hour to the name-free customers in a single room of the date, time, and place under the above paragraph (1) of this Article, and introduced 30,000 won per hour to the following customers, and introduced 30,000 won and 30,000 won per hour to other customers in a 3-place of the above business, and introduced 4 other customers in a 3-place of the above business to drink E (n, 27 years old) to drink with customers, sing, and dance with customers.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F preparation;

1. A protocol concerning the examination of each police officer against D, G, H, I, J, K, or L;

1. Application of Acts and subordinate statutes to the registration certificate of the karaoke machine business and the violation place and photography;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34 (3) 2, 22 (1) 3 (a) and 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act concerning facts constituting an offense, the choice of fines for negligence, and the selection of fines for negligence;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

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

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