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(영문) 서울동부지방법원 2017.11.10 2017고정1407
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is called as a singing practice hall proprietor, C, and D, who provide entertainment services in singing rooms.

1. No music practice room business operator who violates the Music Industry Promotion Act (or any violation of the matters to be observed by business operators, etc.);

Nevertheless, around June 12, 2017, the Defendant: (a) around 21:49 on June 12, 2017, in the Songpa-gu Seoul E Underground Singing B Singinging room No. 5 of VIP 2, the Defendant: (b) had five male customers in non-name, other than the instant case receive 30,000 won per letter and per hour; and (c) had Defendant C, etc. sit in company with the Defendant, etc. to engage in entertainment entertainment, such as drinking alcohol.

Accordingly, the Defendant violated the obligation of the business operator.

2. A music practice room business operator who violates the Music Industry Promotion Act (or other matters to be observed by business operators, etc.): He/she shall not sell or provide alcoholic beverages;

Nevertheless, the defendant provided 1 cans (one cans) to male customers with 1 cans (3,000 won per cans) at the same place as the above "A" and provided alcoholic beverages worth 60,000 won such as beer 19 cans and bottles 2 cans.

Accordingly, the Defendant violated the obligation of the business operator.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. An explanatory note;

1. Application of on-site photographs and registration certificate statutes;

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

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;

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