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(영문) 대구지방법원 서부지원 2013.04.17 2013고정109
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room with the trade name of the Seogu Seo-gu King practice room.

1. Any karaoke machine business operator who sells or provides alcoholic beverages shall be prohibited from selling or providing any alcoholic beverage;

Nevertheless, around October 19, 2012, around 03:30 on October 19, 2012, the Defendant sold the instant singing practice room after receiving KRW 70,000 from among customers C and one other.

2. No one shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services, for profit;

Nevertheless, at the same time and place as mentioned in the above paragraph (1) above, the Defendant arranged entertainment by providing two female-level women with singing together and drinking drinking together at the same time and place upon request of two customers, including C, who are customers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on site photographs;

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

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as ordered by taking into account the fact that the defendant has no criminal record of the same kind, and the balance with the sentencing in the same kind of other cases.

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