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(영문) 서울북부지방법원 2013.11.26 2013고단2060
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a singing in the name of "C singing practice room" in Gangnam-gu Seoul Metropolitan Government, and D is a person who works as an employee of the said singing practice room.

1. The criminal defendant A and D shall not sell or provide any alcoholic beverage, and the criminal defendant A and D shall not drink alcoholic beverage with his/her customers, provide any entertainment service with his/her singing practice room, provide any entertainment service to his/her customers by singing or dancing, or arrange other persons to provide such service;

At around 12:00 on July 8, 2013, the Defendant, in collusion with D, sold three male customers with cans, five diseases, one bill, etc. to three male customers. Upon the request of the said customers, the Defendant, upon entering the instant singing room, arranged the said customers to provide entertainment to customers with dancing and singing, thereby violating the obligations of the karaoke machine business operator.

2. The single-use singing practice room business operator of Defendant A shall not sell or provide alcoholic beverages;

The Defendant, around 07:30 on August 8, 2013, sold five cans to four customers, sold five cans to five customers, and sold two cans to two customers from five singing rooms, and violated the rules of practice room business operators.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect of the police against D, F, E, or G;

1. Application of the Acts and subordinate statutes governing H;

1. Article 34 (2), (3) 2, and Article 22 (1) 3 and 4 of the Music Industry Promotion Act concerning facts constituting an offense, Article 30 of the Criminal Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, if the defendant continues to violate the Music Industry Promotion Act at the same place and continues to engage in business, a strict punishment may be required.

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