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(영문) 서울남부지방법원 2016.05.13 2015고정2630
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 the Geumcheon-gu Seoul Metropolitan Government 2-ro sing practice hall that operates a singing practice hall with the trade name of “Ding practice hall.”

A singing practice room business operator shall not employ or arrange a contact with the so-called "sing practice room," etc. in a singing practice place.

From around 02:00 to around 03:00 on September 26, 2015, the Defendant arranged for an entertainment loan by having two women, who are so-called “singing insing ins,” who are named “sing ins,” in the above singing practice room, provide customers with entertainment by singing or dancing.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes to report on detection of business entities violating the Music Industry Promotion Act;

1. Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act concerning facts constituting an offense, and Articles 34 (1) and 22 (1) 4 of the same Act concerning the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant and his defense counsel asserted that the defendant did not arrange for a contact loan to E, etc.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, ① E and G reported to the effect that G’s Handphones are lost in the instant singing book; ② E are the same as taking the handphones for a period of one hour by giving the police officer F, who was dispatched to the instant singing book, to the Defendant and play for a period of one hour.

(3) In light of the fact that a statement (7 pages of investigation records) that the Defendant has been singing and singing outside of the instant singing room made by the Defendant is difficult to obtain an access in light of the empirical rule, it is sufficient to fully recognize the fact that the Defendant arranged to do so.

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